JUDGMENT :

1. The writ petitioner herein was appointed as an Assistant Geologist under the Directorate of Geology and Mining, Assam, on ad-hoc basis vide order dated 01/02/1993. As per the documents available on record, the service of the petitioner, as Assistant Geologist, was extended from time to time. However, despite repeated requests made by the petitioner for regularization of her service, no action has been taken in the matter to redress her grievance as a result of which the petitioner had retired from service as an ad-hoc/ temporary employee on attaining the age of superannuation. The primary grievance of the petitioner is that despite having served the department continuously for more than 25 years her services have not been regularized till today although the cases of two other similarly situated Assistant Geologists appointed along with her by following the same process have been favourably considered by the department thereby meting out a discriminatory treatment to her. The petitioner has also prayed for issuance of a Writ of Mandamus for release of her arrear salary and other dues payable under the law for the period of service rendered with effect from 01/08/2016.

2. The facts of the case, briefly stated, are as follows :

By the notification dated 01/02/1993, the writ petitioner herein and 3 other candidates, viz. (1) Smt. Ranjana Bora, (2) Sri Pallab Kumar Baruah and (3) Sri Prakash Bora, were appointed temporarily as Assistant Geologists in the office of the Directorate of Geology and Mining, Assam under Regulation 3(f) of the Assam Public Service Commission (Limitation and Functions) Rules, 1951 ( herein after referred to as the Rules of 1951) in the scale of pay of Rs. 1835-50-2035-60-2895-80-2555-EB-SC-2875-100-3575-125-4320/- per month for a period of 4 (four) months with effect from the date of their joining. A copy of the order dated 01/02/1993 was inter-alia forwarded to the Secretary of the Assam Public Service Commission ( herein after referred to as the APSC), Bhangagarh. Pursuant to the notification dated 01/02/1993, the petitioner had joined service and continued to render her duties under the department till attaining the age of superannuation. It is the undisputed position of fact that the services of the petitioner as Assistant Geologist was extended by the departmental authorities from time to time until 31/07/2016. It is the case of the petitioner that after she had joined as Assistant Geologist under the Directorate of Geology and Mining, Assam, the APSC had held an interview for the post of Assistant Geologists in the year 2000 but she could not appear in the interview due to sudden ailment of her mother. Since then, the APSC has not held any interview for recruitment of general category candidates as Assistant Geologists until the year 2018, by which time, she had crossed the age limit to participate in any regular selection process conducted by the APSC.

3. It appears from the materials on record that on 16/03/2015, the Additional Chief Secretary to the Government of Assam, Department of Personnel (B) had issued a General Circular notifying the Government’s decision to regularize the services of certain appointees under Regulation 3(f) of the Regulations of 1951 as a onetime measure. In terms of the notification dated 16/03/2015, the Secretary to the Government of Assam, Mines and Minerals Department, Dispur, had issued notification dated 02/05/2015, regularizing the services of (1) Sri Pallab Kumar Baruah and (2) Sri Prakash Bora, as Assistant Geologists, who were originally appointed under Regulation 3(f) of the Regulations of 1951 along with the writ petitioner. The services of these two candidates were regularized with effect from 16/03/2015 i.e. the date of the Office Memorandum issued by the Personnel Department. However, the petitioner’s name was not included in the notification dated 02/05/2015.

4. Mr. P. Mahanta, learned counsel for the petitioner has argued that the writ petitioner