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2022 Supreme(Gau) 886

R. M. CHHAYA, SOUMITRA SAIKIA
Rajkumar Kachari, S/o. Late Hareswar Kachari – Appellant
Versus
State of Assam, Represented by the Commissioner & Secretary to the Govt. of Assam, WPT & BC Department – Respondent


Advocates Appeared:
For the Appellants : Mr. H.R.A Choudhury, Sr. Counsel, Mr. F.U. Barbhuiya.
For the Respondents:Mr. D. Nath, Sr. Government Advocate, Assam, Mr. R. Dhar, Standing Counsel, WPT&BC.

JUDGMENT :

Soumitra Saikia, J.

Heard Mr. H.R.A. Choudhury, learned Senior counsel assisted by Mr. F.U. Barbhuiya, learned counsel for the appellants. Also heard Mr. D. Nath, learned Senior Government Advocate, Assam and Mr. R. Dhar, learned Standing Counsel, WPT&BC for the respondents.

2. This appeal is directed against the common Judgment and Order dated 09.06.2021 passed by the learned Single Judge in WP(C) 956/2016, WP(C) 2321/2018 and WP(C) 1216/2016. The present writ appeal is filed by the appellants, who were the petitioners in WP(C) No. 2321/2018. The writ petitioners and the other connected writ petitions are not before this Court.

3. The facts which are revealed from pleadings on record are that the appellants were engaged as Drivers under the Assam Tribal Development Authority (hereinafter referred to as “ATDA”). Initially no vehicles were allotted to the said authority, however, subsequently under various schemes and for implementation thereof, the certain vehicles were allotted to the ATDA and thereafter, the services of the appellants were engaged as Drivers. A number of communications were addressed between the ATDA and the Government requesting for creation of the posts

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