Petitioner sought writ for regularization of service denied to him unlike similarly situated employees boards diverted court from issuing writ directed respondents to dispose of his representation within three months.
Respondents to dispose of petitioners representations within three months.
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GAHC010266992017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 4665/2017
1:CHINMOY DHAR S/O- CHITTARANJAN DHAR, WARD NO.1, RAM NAGAR, BARPETA ROAD, P.O- BARPETA ROAD, DIST- BARPETA, ASSAM, PIN- 781315
VERSUS
1:THE STATE OF ASSAM and 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, URBAN DEVELOPMENT DEPTT., DISPUR, GUWAHATI- 06
2:THE DEPUTY COMMISSIONER BARPETA DIST- BARPETA PIN- 781314
3:THE DIRECTOR MUNICIPAL ADMINISTRATION DISPUR GUWAHATI-6 4:SABITA DEBNATH CHAIRPERSON BARPETA ROAD MUNICIPAL BOARD P.O- BARPETA ROAD DIST- BARPETA ASSAM PIN- 781315
5:PHULEN DAS VICE CHAIRMAN BARPETA ROAD MUNICIPAL BOARD P.O- BARPETA ROAD DIST- BARPETA PIN- 781314
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6:BARPETA ROAD MUNICIPAL BOARD REPRESENTED BY ITS CHAIRMAN SMTI. SABITA DEBNATH P.O. BARPETA ROAD DIST. BARPETA PIN-781315
Advocate for the Petitioner : MR.P PATHAK
Advocate for the Respondent : MS.M BHATTACHARJEER- 4,5and6
BEFORE
HONOURABLE MR JUSTICE SONGKHUPCHUNG SERTO
ORDER
Date : 13-02-2020
Heard Ms. S. Changkakati, learned counsel for the petitioner and also heard Mr. D. Doley, learned Government Advocate appearing for the State respondents.
None appears on behalf of the respondents in spite of the notice issued to them.
The case of the petitioner as submitted by the learned counsel representing him is as follows;
On 01.01.2006 he was appointed as wage labourer with a daily wage of Rs. 60/- by the Barpeta Municipal Board and thereafter, by a resolution of the same Board taken on 13.01.2009 he was given fixed pay of Rs. 2100/- p.m. and thereafter also his pay was increased twice the last being Rs. 4,600/- by the resolution of the same Board. In the year 2010, by a resolution taken on 4th of June which is at Annexure-B of the writ petition, the Barpeta Municipal Board decided to regularize the services of 7(seven) employees of the Board (including the petitioner) who were similarly situated with the petitioner. Thereafter, out of 7 employees, 3(three) of them who were junior to him were regularized thereby leaving him and three others for whom the resolution was taken. Being aggrieved for non regularization of his service in spite of having served for the last 14 years and, the resolution taken to regularize his service, the petitioner submitted several representations to the respondents-some of them being dated 29.12.2012, 22.10.2013 & 23.08.2016, wherein
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request it was made to the respondents to regularize his service as it was done in the case of similarly situated persons. But since no positive response came from the respondents, the petitioner submitted another representation dated 30.01.2017. The same also did not receive any positive response. Therefore, the petitioner is before this Court praying for issuance of appropriate writ or order or direction directing the respondents to regularize his service as per the resolution of the respondent No.6 and as was done in the case of similarly situated persons.
From the submissions of the learned counsels, it appears that the representation of the petitioner submitted on 30.01.2017 to the Chairman i.e. the respondent No.4 has not been disposed of till today. Considering the nature of the case and the facts and circumstances stated above, this Court is of the view that it would be appropriate to direct the respondents to consider and disposed of the representation of the petitioner within a reasonable time but not later than 3(three) months from today. Accordingly, the respondents are directed to dispose of the representations of the petitioner within 3(three) months from today.
The petitioner shall submit a copy of this order to the respondents with copies of his representations at the earliest so as to enable them to comply with the direction given.
Writ petition stands disposed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the appropriate writ should be issued directing the respondents to consider and decide the petitioner's representation for regularization of service.
CHINMOY DHAR
THE STATE OF ASSAM
SABITA DEBNATH
BARPETA ROAD MUNICIPAL BOARD
SONGKHUPCHUNG SERTO
As recorded by the court registry
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