GAUHATI HIGH COURT ISSUES ORDER FOR RANA GOGOI AND 5 ORS. V/S THE STATE OF ASSAM AND 3 ORS.

GUWAHATI, India, Oct. 16 -- Gauhati High Court issued the following order on Sept. 16:

1. 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 Review Meeting of the Transport Department held on 27.06.2022, it was decided to enquire into the procedure followed in the recruitment of contractual staffs in the ASTC and verify whether due procedure was followed in such recruitments and to retain only the legally appointed staffs. Upon verification, it was observed that 771 employees were appointed without following the due procedure such as advertisement etc. The Minutes further reflects that in the appointment/engagement of the 771 employees, the ASTC has not followed any procedure of selection.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpHEGUjQOHlTaNzP5Ict6Ho6F%2FbTHVNWRK0WnNUAOSCTP&caseno=WP(C)/4071/2023&cCode=1&cino=GAHC010150742023&state_code=6&appFlag=)

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