Petitioners appointed as Water Carriers challenged permanent assignment to duties as Cooks without consideration during army service. Court held appointment violates their designation.
Respondents directed to ensure petitioners are assigned work as Water Carriers and not Cooks.
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GAHC010104632021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3332/2021
ADHIR CHANDRA ROY AND 15 ORS
S/O. LT. NALIN CHANDRA ROY, VILL. SANKARPARA, P.O. CHITHILA, P.S. FAKIRAGRAM, DIST. KOKRAJHAR, ASSAM.
2: JIBAN KRISHNA ROY S/O. LT. JOGESWAR ROY VILL. SANKARPARA P.O. CHITHILA P.S. FAKIRAGRAM DIST. KOKRAJHAR ASSAM.
3: AZIBAR RAHMAN S/O. ASKAR ALI VILL. ANANDA NAGAR P.O. PRATAPKHATA P.S. FAKIRAGRAM DIST. KOKRAJHAR ASSAM.
S/O. LT. KORBAN ALI SK VILL. TENGNERBHITA P.O. TULSHIBIL P.S. GOSSAIGAON DIST. KOKRAJHAR ASSAM.
5: ARJUN CH. BARMAN S/O. LT. LOKORAM BARMAN VILL. BOALKAMARI P.O. AMINKATA P.S. GOSSAIGAON
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DIST. KOKRAJHAR ASSAM. 6: RAM PRASHAD BARMAN S/O. LT. KAMALA KANTA BARMAN VILL. MAHISH BATHAN P.O. PRATAPKHATA P.S. FAKIRAGRAM DIST. KOKRAJHAR ASSAM. 7: SANOWAR ISLAM S/O. LT. ABU BAKKAR SIDDIQUE VILL. PALASHGURI-2 P.S. GOSSAIGAON DIST. KOKRAJHAR ASSAM.
8: HAIDAR ALI S/O. LT. IMAM BAKSHA VILL. AND P.O. BAGHMARI P.S. BILASIPARA DIST. DHUBRI ASSAM. 9: ZAKIR HUSSAIN TALUKDAR S/O. LT. RANJAN ALI AKOND VILL. KACHUKATA P.O. AMINKATA P.S. GOSSAIGAON DIST. KOKRAJHAR ASSAM. 10: SARAT CH. NATH S/O. LT. HARI MOHAN NATH VILL. TILLAPARA P.O. K/BHOTGAON P.S. KOKRAJHAR DIST. KOKRAJHAR ASSAM.
11: RADHA RAMAN PAUL S/O. LT. JOGESH CHANDRA PAUL VILL. AND P.O. UZAN PETLA P.S. GOLOKGANJ DIST. DHUBRI ASSAM.
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12: ABDUL KHALEK @ ABDUL KHALEQUE S/O. MANTAB ALI VILL. AND P.O. BAGHMARI P.S. BILASIPARA DIST. DHUBRI ASSAM. 13: DIL MOHAMMAD SK. S/O. LT. KHOIMUDDIN SK. VILL. MUKRAPARA P.O. K/BHOTGAON P.S. KOKRAJHAR DIST. KOKRAJHAR ASSAM.
14: MONOWAR ALI AHMED S/O. LT. SABED ALI VILL. SILBARI P.O. JALABILA P.S. BOGRIBARI DIST. KOKRAJHAR ASSAM.
15: MODHU SUDAN ROY S/O. LT. RAJ KUMAR ROY VILL. CHAUTARA P.O. AMINKATA P.S. GOSSAIGAON DIST. KOKRAJHAR ASSAM.
16: ROHINI KUMAR ROY S/O. SRI SUSHIL KUMAR ROY VILL. DIAJHIJARI P.O. HALTUGAON P.S. KOKRAJHAR DIST. KOKRAJHAR ASSAM
VERSUS
THE COMMISSIONER AND SECRETARY AND 4 ORS TO THE GOVT. OF ASSAM, HOME AND POLITICAL DEPTT. DISPUR, GUWAHATI-06.
2:THE DIRECTOR GENERAL OF POLICE
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ASSAM ULUBARI GUWAHATI-07. 3:DEPUTY INSPECTOR GENERAL OF POLICE (A) ASSAM ULUBARI GUWAHATI-07. 4:THE COMMANDANT 26TH A.P.(IR) BN CHAMRASALI MANKACHAR SOUTH SALMARA MANKACHAR ASSAM 783131.
5:THE COMMANDANT
20TH A.P.(IR) BN PANBARI DHUBRI ASSAM 783339
Advocate for the Petitioner : MR K K MAHANTA
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
03.03.2022
Heard Mr. A. Hussain, learned counsel for the petitioner. Also heard Mr. K. Konwar, learned counsel for all the respondents.
2 . The petitioners’ grievance is that though they have been appointed
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as Water Carriers in the Office of the Commandant 26th A.P(IR) Bn., Chamrasali, Mankachar, South Salmara and Office of the Commandant 20th A.P(IR) Bn., Panbari, Dhubri, the petitioners have been assigned the duty of Cooks in violation of their appointment orders.
3 . Mr. K. Konwar, learned counsel for the respondents submits that the job of a Water Carrier is basically to provide water to the Cooks and help the Cooks to prepare food that has to be served to battalion personnel. He submits that the petitioners are sometimes used as Cooks but not in a permanent capacity.
4 . I have heard the learned counsels for the parties.
5 . The appointment orders of the petitioners go to show that the petitioners have been appointed as Water Carriers and not as Cooks. Accordingly, it is incumbent upon the respondent authorities to use the services of the petitioners in terms of their appointment orders, which entails their services to be used as Water Carriers. The petitioners being Water Carriers are to help the Cooks who prepare the food for the battalion personnel and it is quite possible that the respondent authorities have sometimes used the services of the petitioners as Cooks. It may happen that at times due to urgent and unforeseen events, a person needs to be assigned work temporarily for which he was not appointed. However in the present case, the stand of the petitioners is that they have been assigned the work of Cooks on a permanent basis. The assigning of the petitioners as Cooks on a
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permanent basis cannot be allowed to continue by the respondent authorities. Accordingly the respondents are directed to ensure that the petitioners are assigned the work of Water Carriers and not Cooks.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether petitioners appointed as Water Carriers can be permanently assigned duties as Cooks in violation of their appointment.
Whether the respondent authorities are directed to restore the petitioners to their appointed role as Water Carriers.
Adhir Chandra Roy and 15 Ors.
The Commissioner and Secretary and 4 Ors to the Govt. of Assam
Michael Zothankhuma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
