VIKRAM NATH, SANDEEP MEHTA
Sukhendu Bhattacharjee – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
SANDEEP MEHTA, J.
Civil Appeal No. 4514 of 2025; Civil Appeal No. 4516 of 2025; Civil Appeal No. 4515 of 2025; Civil Appeal No. 4517 of 2025 and Civil Appeal No. 4518 of 2025
1. Delay condoned in filing application for setting aside of abatement. Abatement is set aside. Delay condoned in filing application(s) for substitution. Application(s) for substitution is/are allowed. Applications for impleadment are dismissed.
2. In matters concerning long-standing administrative arrangements, particularly where the State and its instrumentalities, over time, continue to utilize the services of certain categories of workers in the discharge of its functions, Courts are often required to examine whether executive action conforms to constitutional standards of fairness and consistency. The exercise of public power cannot be divorced from practical realities created by sustained governmental reliance on such workers. Where governmental authorities derive the benefit of prolonged service and thereafter adopt positions that appear inconsistent with earlier policies or representations, the scrutiny of the Court is directed not merely at the outcome, but at the manner in which discretion h
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