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2011 Supreme(Gau) 912

N.KOTISWAR SINGH
Himadri Das – Appellant
Versus
State of Assam – Respondent


Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Mr. H.R.A. Choudhury, Sr. Advocate and Mr. F.U. Barbhuiya, Advocate
For Respondents/Defendant:Mr. B.J. Ghosh, SC and Mr. B. Gogoi, Advocates SC

JUDGMENT

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 wo















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