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2013 Supreme(Gau) 717

UJJAL BHUYAN
Pradip Chakraborty – Appellant
Versus
State of Assam – Respondent


Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Mr. P.K. Deka, Mr. I.H. Laskar, Mr. K.K. Mahanta, Advocates, Mr. A.B. Choudhury, learned Senior Counsel, Mr. R.C. Saikia, Mr. G. Uzir, Mr. A.M. Bujarbarua, Mr. J. Ahmed, Dr. B. Ahmed, Mr. D.K. Sarmaand Mr. I.H. Saikia, learned Counsel
For Respondents/Defendant:S.C., Health, FW Department, Mr. D. Saikia, learned Additional Advocate General, Assam, Mr. B. Goswami, learned Standing Counsel, Water Resources Department, Mr. B. Choudhury, Ms. A. Verma, Mr. B. Gogoiand Ms. R. Deka,

ORDER :

Ujjal Bhuyan, J.

1. All these writ petitions raising identical issues of fact and law, being inter-related, were heard together and are being disposed of by this common order. The core issue involved in this batch of writ petitions is the claim of work charge employees, muster roll workers and similar category of employees engaged prior to 01.04.1993 for regularisation of their service under the Government of Assam. Related grievance, which can also be said to be an offshoot of the core issue, is the claim of such categories of employees and workers or their family members for pension or family pension as the case may be, after attaining the age of superannuation or in the case of death, by creating supernumerary post personal to the incumbent and regularising his service for one day. The grievance has crystallized in the form of challenge to the Office Memorandum (OM) dated 16.06.2012 issued by the Finance (EC-II) Department, Government of Assam, which has ruled out any further regularisation on both counts.

Back Ground Facts.

2. The present batch of writ petitions have their genesis in the earlier rounds of litigation which culminated in a Full Bench judgment of this Court in












































































































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