UJJAL BHUYAN
Pradip Chakraborty – Appellant
Versus
State of Assam – Respondent
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
State of Karnataka v. Uma Devi reported in (2006) 4 SCC 1
State of Karnataka v. ML Kesari reported in (2010) 9 SCC 247
Union of India v. Vartak Labour Union reported in (2011) 4 SCC 200
Ashwani Kumar v. State of Bihar & Ors. (1997) 2 SCC 1
State of Karnataka v. Uma Devi & Ors. (2006) 4 SCC 1
State of Karnataka v. ML Kesari
Chandigarh Administration v. Jagdish Singh
UP State Electricity Board v. Pooran Ch. Pandey & Ors. reported in (2007) 11 SCC 92
Maneka Gandhi v. Union of India reported in (1978) 1 SCC 248
Official Liquidator v. Dayanand & Ors. reported in (2008) 10 SCC 1
Air India Statutory Corporation & Ors. v. United Labour Union & Ors. reported in (1997) 9 SCC 377
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