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2025 Supreme(Gau) 1573
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KARDAK ETE, J.
The State Transport Workers Association And Anr. – Appellant
Versus
The State Of Assam And 3 Ors. – Respondent
WP(C) 3422 of 2023
Decided on : 16-09-2025
Important Points
Subject
Employment Law - Public Employment
Act Referred
Headnote
(B) Contractual employment - No person can be appointed without issuing an advertisement to invite applications from eligible candidates; mere verbal orders or informal approvals do not constitute valid employment - Employment based on irregular procedures lacks legal validity. (Paras 12, 27)
(C) Service Jurisprudence - Regularization of employees who have been continuously inducted in employment despite irregularity in procedure is not an automatic right; consideration must be given to existing legal standards and principles of fairness. (Paras 33, 46)
Facts of the case:
The petitioners were released from their contractual positions in ASTC after authorities determined their appointments violated recruitment procedures established by law. This decision was made without prior notice or allowing them to contest their termination.
Findings of Court:
The court found that the impugned orders were issued without adherence to protocols for public employment and held that the petitioners should be reinstated until properly filled regular positions are approved.
Issues: Whether the release of contractual employees without due process violated constitutional rights and established principles of service law.
Ratio Decidendi: The court concluded that the lack of a proper selection process for contractual employment contravened Articles 14 and 16 of the Constitution; decisions should ensure fairness and opportunity for affected employees.
Result: Orders releasing the petitioners from service were set aside, and they were to be reinstated until proper appointments are made.
For the Petitioner: MR. B D KONWAR SR. ADV., MS M ZOMUANPUII, MR H AGARWAL, MS P GUPTA, MR J SINGH, MS V V THANYU
For the Respondent: SC, A S T C, SC, TRANSPORT
| Table of Content |
|---|
| 1. judicial proceedings initiated by the petitioners. (Para 1 , 2) |
| 2. overview of the petitioners' background and status. (Para 3 , 4 , 5) |
| 3. contention regarding unlawful release of contractual employees. (Para 6 , 7 , 8) |
| 4. violation of principles of natural justice alleged by petitioners. (Para 10 , 11 , 12 , 13) |
| 5. defense of the maintainability of the petition against the association. (Para 16 , 17 , 18) |
| 6. verification of contractual employment processes by state. (Para 20 , 21 , 22 , 25 , 26) |
| 7. court's findings on natural justice and procedural adherence. (Para 27 , 28 , 29) |
| 8. citing of relevant supreme court judgments on employment. (Para 32 , 33 , 34 , 35) |
| 9. final ruling on irregular appointments and continuation of services. (Para 46 , 47 , 48) |
JUDGMENT :
KARDAK ETE, J.
Heard Mr. K. N. Choudhury, learned Senior Counsel assisted by Mr. M.Das, learned counsel for the petitioners in WP(C) 4068/2023, WP(C) 4069/2023, WP(C) 4070/2023, WP(C) 4071/2023, WP(C) 4072/2023, WP(C) 4073/2023, WP(C) 4074/2023; Mr. B. D. Konwar, learned Senior Counsel assisted by Mr. J. Singh, learned counsel for the petitioners in WP(C) 3422/2023; G. Goswami, learned counsel for the petitioners in WP(C) 3314/2023; Mr. S. Borthakur, learned counsel for the petitioners in WP(C) 3790/2023, WP(C) 4259/2023 & WP(C) 5149/2023; Mrs. A. Bujarbaruah, learned counsel for the petitioners in WP(C) 4343/2023 and Mr. M. Rahman, learned counsel for the petitioner in WP(C) 5379/2023. Also heard Mr. P. Nayak, learned Addl. Advocate General and Standing Counsel, ASTC and Ms M.D. Borah, learned Standing Counsel, Transport Department, for respondents.
2. By filing this writ petition, the petitioners have put to challenge the orders dated 30.05.2023 issued by the Chief Personnel Officer, Assam State Transport Corporation (herein after referred to as ASTC in short), Guwahati, whereby, the petitioners have been released from their contractual services w.e.f. 31.05.2023.
3. Keeping in view the common and identical grievance raised in these writ petitions, same were heard analogously and are disposed of by this common judgment and order.
4. WP(C) No. 3422 of 2023 is filed by the State Transport Workers Association represented by its Secretary, an association of the workers of the Assam State Transport Corporation registered under the Trade Union Act, 1926. The petition is filed in a representative capacity for redressal of the grievances of the 771 members of the association. The other writ petitions are filed in their individual capacities who are also the members of the petitioner association.
5. Briefly put, the ASTC is a Public Sector undertaking of the Government of Assam. Since several years the ASTC is stated to have engaged large number of persons on contractual basis as Mechanics, Security Assistants, Office Assistants, Computer Assistants, Drivers, Grade-IV Staff and Supervisors etc. (consist of 21 different posts) on a fixed monthly remuneration. The appointments made were either individually or in batches with the approval of the Managing Director and as per the decision of the Board of Directors of the ASTC from time to time.
6. It is the contention of the petitioners that from 2013 till 2020, they were appointed on contractual basis after following due process of selection by way of test and interview conducted from time to time to different posts consisting of 21 (Twenty One) posts. It is contended that the engagement/appointment of the petitioners are not exhaustive as during the first several years, large number of persons were engaged under ASTC as contractual employees in various capacities including the petitioners.
7. It is contended that while the contractual employees were serving in various capacities, the respondent authorities took a decision to release 771 contractual employees (petitioners herein) from their services vide Minutes of the Meeting held on 29.04.2023 chaired by the Hon’ble Chief Minister. The Minutes discloses that earlier in the
