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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KARDAK ETE
Mithu Nath, S/o. Atindra Kr. Nath – Appellant
Versus
State of Assam, Rep. By The Comm. And Secy. To The Govt. Of Assam, Home And Political Deptt. – Respondent
JUDGMENT :
KARDAK ETE, J.
Heard Mr. P. K. Goswami, learned Senior Counsel assisted by Mr. B. P. Borah, learned counsel for the petitioners in WP(C) No. 3148/2023 and WP(C) No. 6140/2021; Mr. K. N. Choudhury, learned Senior Counsel assisted by Mr. P. Mahanta, learned counsel for the petitioners in WP(C) No. 2831/2021; and Mr. M. J. Quadir, learned counsel for the petitioners in WP(C) No. 470/2020 and WP(C) No. 577/2020. Also heard Mr. J. Payeng, learned Standing Counsel for the NRC and Mr. A. K. Dutta, learned CGC for the Union of India.
2. By filing these writ petitions, the petitioners, who were appointed as Circle Project Supervisors, Junior Assistants and Helpers on contractual basis under the National Register of Citizens (NRC) Updation Project in the State of Assam, have assailed the notices/orders of discontinuation from services by the respondent authorities. The petitioners have also prayed for regularization/ absorption in the sanction posts of their respective grades as the NRC updation process is a continuous process as per Rule 11 of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003.
3. Having considered that the issues involved in
Contractual employment for retired officials cannot exceed five years or age of 65, based on the governing policy.
Continuous and necessary service by contractual employees requires consideration for regularization, transcending mere contractual limitations, provided sanctioned posts exist.
Engagement on a contractual basis in project-specific roles does not confer rights to permanency, and long service cannot override express terms of engagement.
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