Eligibility for service regularization requires completion of specified continuous service duration, as established by prior court rulings.

JUDGMENT :

(N. Unni Krishnan Nair, J.)

Heard Mr. Arabinda Das, learned counsel, appearing on behalf of the petitioner. Also heard Mr. J. Handique, learned standing counsel, Revenue Department, appearing on behalf of respondents No. 1 & 3; and Ms. Usha Das, learned Addl. Senior Government Advocate, appearing on behalf of respondents No. 4, 5 & 6. However, none has appeared on behalf of respondent No. 2.

2. The petitioner by way of instituting the present proceeding, has prayed for a direction upon the respondent authorities to regularize her service against an equivalent post of Extra Writer with retrospective effect i.e. 01.08.1992, by maintaining parity with other Extra Writers who were so regularized against the post of Lower Division Assistant with effect from the said date.

3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:

The husband of the petitioner while being engaged as an Extra Writer on daily wage basis, had died-in-harness on 06.10.1985. It is projected in the writ petition that the petitioner was, thereafter, with effect from November, 1985, allowed to work as an Extra Writer on daily wage basis. However, it is also projected by the petitioner that in the official records of the Department, her engagement as an Extra Writer has been so shown to have been made w.e.f. 18.09.1989.

The petitioner, herein, contends that she is also a member of “All Assam Extra Writers Association”. The said Association had approached this Court by way of instituting a writ petition being Civil Rule No. 1393 of 1989, praying for regularization of the services of the members of the Association who were all working as Extra Writers on daily wage basis.

This Court, vide order, dated 07.11.1991, was pleased to dispose of the said writ petition by directing that the members of the petitioners’ Association who had put in 3 years of satisfactory continuous services in the capacity of an Extra Writer, shall be absorbed against the post of Lower Division Assistant on regular basis with all consequential benefits.

It is to be noticed here that the Government of Assam had taken a decision to regularize the services of the Extra Writers who had put in 7 years of continuous service as on 22.12.1988. The said decision mandating an Extra Writer to have rendered at least 7 years of continuous service for being considered for absorption against a regular vacant post, was challenged by the petitioners in Civil Rule No. 1393 of 1989 and this Court, on consideration of the issue, had directed that such regularization would be permissible in respect of the Extra Writers who have put in 3 years of satisfactory continuous service. The respondent authorities, thereafter, in terms of the directions passed by this Court vide order, dated 07.11.1991, proceeded to issue an order, dated 10.05.1994, regularizing the services of persons named therein, as Extra Writers with retrospective effect i.e. 01.08.1992.

The name of the petitioner, herein, admittedly, does not figure in the list of persons whose services were regularized by the respondent authorities vide order, dated 10.05.1994. The petitioner, thereafter, approached the authorities praying for consideration of her case for absorption/regularization with retrospective effect as was so done in respect of the other Extra Writers working along with her at the relevant point of time on daily wage basis.

The respondent authorities had processed the prayer of the petitioner. However, no order having been issued towards regularizing her service, the petitioner, herein, has instituted the present proceeding.

4. Mr. Das, learned counsel for the petitioner, has reiterated the facts as noticed hereinabove and has submitted that the petitioner, herein, being engaged as an Extra Writer on daily wage basis w.e.f. November, 1985, she has to be deemed to have completed 3 years of continuous service as an Extra Writer, at least, till 07.11.1991, when the writ petition bein