Sunil Balmiki v. the State of Assam and 3 Ors.
Case brief
What is this about?
The Gauhati High Court rejected a prayer for regularization of service as the appointment was casual and post-Umadevi but directed the respondent to enquire into service rendered between May 2007 and April 2017 to release arrear wages if verified. The Court also permitted age relaxation for future selection.
What did the court decide?
The petition for regularization is rejected. The Director of Dairy Development is directed to enquire into service rendered from May 2007 to April 2017 and release arrear wages if verified. Petitioner
What the court decided
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GAHC010018602015
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4579/2015
SUNIL BALMIKI
S/O- BHAWAR LAL BALMIKI, VILL., P.O. and P.S.- BOKAJAN, DIST.- KARBI ANGLONG, ASSAM.
VERSUS
THE STATE OF ASSAM AND 3 ORS REP. BY THE SECY. TO THE GOVT. OF ASSAM, IRRIGATION DEPTT., ASSAM SACHIVALAYA, DISPUR, GUWAHATI.
2:THE DIRECTOR OF DAIRY DEVELOPMENT ASSAM KHANAPARA GHY- 22 ASSAM.
3:THE DAIRY DEVELOPMENT OFFICER O/O THE DAIRY DEVELOPMENT NAGAON ASSAM.
4:THE COMMISSIONER TO THE GOVT. OF ASSAM DEPTT. OF FINANCE DISPUR GHY- 6
Advocate for the Petitioner : MR.S BHUYAN
Issues for consideration
3 issues framed by the court
Whether the appointment of a casual sweeper made without due selection process after 2005 can be regularized in view of the Umadevi judgment.
Whether arrear wages of a casual worker who worked intermittently between May 2007 and April 2017 should be released upon proof of service.
Whether the petitioner is entitled to relaxation of age limit if he clears a regular selection process.
Parties & counsel
- petitioner
Sunil Balmitki
- respondent
The State of Assam
- respondent
Director of Dairy Development Assam
- respondent
Dairy Development Officer O/O the Dairy Development Nagaon Assam
- respondent
Commissioner to the Govt. of Assam
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · June
- Registered
- Case no.
- WP(C)/4579/2015
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