IMPORTANT POINT
The main legal point established is that the court can intervene when similarly situated individuals are granted benefits while others are discriminated against, and when the conditions for regularization are fulfilled.

JUDGMENT

1. This writ petition has been filed by the petitioners to quash the impugned order dated 10.1.2019 and to regularize the services of the petitioners within a time frame so as to enable them to enjoy the service benefits as well as retirement benefits received by the other regular Government employees and also to extend similar service benefits received by K.Birjit Singh or 8 Muster Roll/Casual Employees.

2. The case of the petitioners is that the first petitioner was engaged as Demonstrator/Skilled Artisan, while the second petitioner was engaged as Skilled Artisan at Rs.11/- per day for a period of three months and one month respectively and the services of the petitioners were extended from time to time and had been continuing in service till date. One K.Birjit Singh was earlier engaged as casual worker on 18.6.1986 and thereafter by the order dated 20.7.1998 of the Director of Commerce and Industries appointed the said K.Birjit Singh to the post of Skilled Artisan (Bamboo and Cane) against the post creation order dated 3.3.1978 vide Md. Kumar Jaman, Skilled Artisan retired on 31.1.1994. By the order dated 25.6.2010, 8 Muster Roll/Casual employees of Commerce and Industries Department have been regularized in pursuance of the order dated 17.8.1995 passed in C.R.No.778 of 1993 on the file of the Gauhati High Court.

3. Further case of the petitioners is that the petitioners and some others were stagnating as Muster Roll/Casual employees for years. The Director of Commerce and Industries vide letter dated 14.7.2016 requested requisition of candidates for appointment to various posts, including the posts in which the petitioners and other incumbents have been engaged decades together. Being aggrieved, the petitioners and others have filed W.P.(C) No.626 of 2016 before this Court. By the order dated 10.5.2018, this Court disposed of the writ petition by issuing certain directions. Since no action was taken, the petitioners and others have filed Contempt Case No.88 of 2019 before this Court and the same was closed on 20.8.2019 by producing a copy of the impugned proceedings dated 10.1.2019.

4. According to the petitioners, the impugned order was not served on them and due to communication gap between the petitioners and their counsel and due to Covid epidemic, the petitioners were not able to get information about the case. After partial relaxation, the first petitioner came to know that the Contempt Case was closed according to the proceedings dated 10.1.2019. Immediately, on 16.2.2021, the first respondent submitted an application to the second respondent for furnishing the copy of the order dated 10.1.2019 and the first petitioner was furnished the impugned copy on 9.3.2021. Challenging the order dated 10.1.2019, the petitioners have filed the present writ petition.

5. The first respondent filed affidavit-in-opposition stating that the appointment of K.Birjit Singh who was serving as casual Skilled Artisan (B&C) on regular basis to the post of Skilled Artisan (B&C) was made in compliance with the order dated 5.2.1998 in Civil Rule No.179 of 1995. The regularization of 8 casual workers of the Department on 25.6.2020 to the post of Skilled Artisan/Demonstrator (Pina) were in compliance with the order of the High Court dated 17.8.1995 in C.R.No.778 of 1993. It is stated that the respondent Government had minutely examined the orders of this Court passed in W.P.(C) No.626 of 2016 dated 10.5.2018 and accordingly issued the impugned order dated 10.1.2019 thereby finding that the petitioners are not eligible for regularization to their respective posts held on casual/contract basis in the Directorate.

6. It is stated that there was a gap in the engagement of the petitioners as casual/muster roll, whereas, K.Birjit Singh and 8 others who were regularized by the State Government was that they were engaged against the sanctioned post and there was no gap in the service records and also recruitment rules were also fulfilled by K.Birji