N. Kotiswar Singh, J.

1. In this writ petition, two petitioners who had been working initially as muster roll workers under PHED, Government of Assam have approached this Court for quashing and setting aside the order No. 506 dated 24.03.06 in Annexure-6 to the writ petition whereby their regularization order as Khalasi vide order No. 222 dated 7.10.05 was cancelled and they were reverted back to their original post as muster roll labourers. The brief facts of the case as may be relevant for consideration may be stated as below.

2. It is the case of the petitioners that the petitioners had been working as muster roll workers w.e.f. 10.12.90. The petitioner No. 1 was engaged in the office of the respondent no. 4 i.e. Executive Engineer, PHED as helper and Ms service was being utilized by the office for clerical works, typing/helping to the LDA in dispatching and issuing letter. Petitioner No. 2 was also engaged in the office of the Executive Engineer and his service was initially utilized against the scheme "Hojai Town Adarsha Bazar Scheme Zone-II" and doing the work of helper day and night as pump operator.

3. The petitioners contend that as they were working as muster roll workers for a long period of time, they had approached this Court by filing a writ petition being CR No. 140/97 seeking for a direction to regularize their services in view of the long services the petitioners had rendered.

4. In the aforesaid CR No. 140/97, this Court passed an interim order on 03.2.97 stating that as the petitioners had worked as muster roll workers since 10.12.90 till 6.1.97, until further orders from this Court, the petitioners shall be allowed to continue. The respondents were further directed to pay their wages and salary etc. in accordance with law and it was also provided that if in the meantime, their services were discontinued, they shall be taken back in service immediately.

5. The aforesaid writ petition being CR No. 140/97 was disposed of by a final order passed on 21.5.2002 reiterating the earlier direction passed on 03.2.97 as stated above. By the aforesaid final order, this Court taking cognizance of the Government policy for regularization disposed of the aforesaid writ petition with a direction to the authorities to consider the case of the petitioners for regularization as per the policy decision of the State Government employees who had joined services prior to 1.4.93 and pass appropriate orders keeping in view the observation of the Division Bench of this Court given in para Nos. 8, 10, 14 and 15 in the case Achyut Chanda Pathak & Ors. Vs. State of Assam, 2000 (1) GLT 213 (Annexure-3 to the writ petition).

6. It is the case of the petitioners that respondents regularized the services of the petitioners pursuant to the aforesaid direction of the Court dated 3.2.1997 as well as in terms of the Government policy for regularization. Accordingly, the petitioners along with others were regularized as Khalasi w.e.f. 22.7.05 vide order No. 222 dated 7.10.05 in Annexure-5 to the writ petition. It is the case of the petitioners that to the utter surprise of the petitioner the respondent no. 4 i.e. Executive Engineer (PHE), Hojai Divison issued an order under No. 506 dated 24.3.2006 cancelling the regularization order of the petitioners and reverted both of them to their original posts as muster roll labourers with immediate effect. The aforesaid order dated 24.3,06 was stated to have been passed in pursuance of the order dated 10.02.06 and 03.3.2006 passed by the respondent nos. 2 and 3 respectively. However, it is stated by the petitioners that the aforesaid orders dated 10.2.06 and 3.3.06 were not furnished to them along with the impugned order dated 24.3.2006.

7. The petitioners submit that no reason has been assigned in the aforesaid impugned order nor any opportunity of being heard was given to the petitioners before the aforesaid cancellation order dated 24.3.06 was issued. Accordingly, being aggrieved, they have filed the