GAHC010142492024

2025:GAU-AS:7840-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WA/242/2024 THE BRAHMAPUTRA VALLEY FERILIZER CORPORATION LTD A GOVT. OF INDIA UNDERTAKING REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, HAVING ITS REGSITERED OFFICE AT NAMPUR, P.O. PARBATPUR, PIN-786623, P.S.- NAMRUP, DIST- DIBRUGARH, ASSAM.

VERSUS BORNALI CHETIA AND 3 ORS W/O- PRODIP CHETIA, AD-HOC TEACHER CUM DEMONSTRATOR (BIOLOGY), HFC CIVIL ENGINEERING DEPARTMENT, R/O- QUARTER NO-

301/TYPE III/ SECTOR C, BVFCL COLONY NAMRUP, P.O- PARBATPUR-

786623, DIST- DIBRUGARH, ASSAM

2:THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA DEPARTMENT OF FERTILIZERS MINISTRY OF CHEMICAL AND FERTILIZERS SHASTRI BHAWAN NEW DELHI-110001.

3:THE UNION OF INDIA MINISTRY OF HUMAN RESOURCE SASTRI BHAWAN NEW DELHI -01

4:DHRUBA JYOTI CHARINGIA S/O- LATE RAMNATH CHARINGIA R/O- QUARTER NO- 596/TYPE IV/ SECTOR C BVFCL COLONY NAMRUP P.O- PARBATPUR-786623 DIST- DIBRUGARH ASSA Advocate for the Petitioner : MR. B SHARMA, MR. M K CHOUDHURY Advocate for the Respondent : DY.S.G.I., MR. S K CGC, FOR UNION OF INDIA),FOR CAVEATOR,MS S MOCHAHARI,MR. SIDHANT DUTTA,MR SISHIR DUTTA BEFORE HON’BLE MR. JUSTICE KALYAN RAI SURANA HON’BLE MRS. JUSTICE MALASRI NANDI For the appellant : Mr. M.K. Choudhury, Senior Advocate.

: Mr. B. Sharma, Advocate.

For respondent No.1 : Mr. S. Dutta, Senior Advocate.

: Mr. S. Dihingia, Advocate.

Date of hearing : 29.04.2025. Date of judgment : 13.06.2025.

JUDGMENT AND ORDER (CAV (K.R. Surana, J)

Heard Mr. M.K. Choudhury, learned senior counsel, assisted by Mr. B. Sharma, learned counsel for the appellant. Also heard Mr. S. Dutta, learned senior counsel, assisted by Mr. S. Dihingia, learned counsel for the private respondent no. 1. None appeared on call for the respondent nos. 2, 3 and 4.

2) The respondent no. 1 in this intra-court appeal is the writ petitioner in W.P.(C) No. 6015/2023. The Union of India, represented by the Secretary, Govt. of India, Department of Fertilizers, the proforma respondent no. 2herein was arrayed as respondent no. 1 in the writ petition. The Union of India, represented by the Secretary, Govt. of India, Ministry of Human Resource, the proforma respondent no. 3 herein was arrayed as respondent no. 8 in the writ petition. The proforma respondent no. 4 herein was arrayed as respondent no. 9 in the writ petition. The appellant in this appeal was arrayed as respondent no. 2 in the writ petition. The officials of the appellant, who were arrayed as respondent nos. 3 to 7 in the writ petition are not arrayed as respondents and/or proforma respondents in this appeal.

3) At the outset, the pleadings in paragraph 1 of the writ petition is factually incorrect because while the petitioner claims that Brahmaputra Valley Fertilizer Corporation Limited (BVFCL for brevity) was incorporated in 2002, she was engaged as Graduate Teacher-cum- Demonstrator (Biology) by BVFCL on 20.01.1994 on ad hoc basis, which is ex facie unbelievable, and found to have been denied by the appellant in paragraph 4 of the appellant’s affidavit-in-

opposition, filed in the writ proceeding.

4) Be that as it may, from the pleadings and documents available in the memo of appeal, it appears that the case of the respondent no.1 in the writ petition is that Hindustan Fertilizer Corporation Higher Secondary School, Namrup (hereinafter referred to as HFCHS School for brevity) was established by the Namrup Unit of the erstwhile Hindustan Fertilizer Corporation Ltd. (HFCL for brevity), a public sector undertaking under the Department of Fertilizer, Govt. of India. The said HFCL was declared sick. However, the Central Government wanted to revive the Namrup Unit of HFCL and thus, BVFCL was incorporated in the year 2002, which took over the assets of the erstwhile HFCL. 5) As per contents of the letter dated 12.11.1993 (Annexure-4 to the writ petition), it appears that the Chief Personnel Officer, HFCL, Namrup Unit informed th