GUWAHATI, India, May 30 -- Gauhati High Court issued the following order on April 30:
Heard Mr. A.R. Bhuyan, learned counsel for the petitioners in WP(C) No.3828/2018 as well as Mr. A. Mannaf, learned counsel for the petitioners in WP(C) No.5570/2018. Also heard Mr. J.K. Goswami, learned Addl. Sr. Govt. Advocate, State of Assam, Mr. J. Handique, learned standing counsel, Revenue Department, Mr. S. Islam, learned counsel, for the respondent Nos. 4 to 67 and Mr. A. Roshid, learned counsel for the respondent Nos.124 to 130. 2. Having considered the issue involved being similar on facts and law, both the writ petitions are heard analogously and disposed of by this common judgment and order. 3. By filing these writ petitions, the petitioners have put to challenge the recruitment process for appointment of Gaonburha for various Lats of Mankachar, Dhubri, Golakganj, Agomoni and Gauripur Revenue Circles in the Dhubri and South Salmara-Mancachar Districts and for regularization of the services of the petitioners as Gaonburha, who have been appointed by villagers, on the ground that they were appointed to help the Administration prior to the creation of Gaonburha Lats in the said Districts, under the jurisdiction of the Deputy Commissioner, Dhubri District (now bifurcated to two districts, namely, Dhubri and South Salmara-Mancachar Districts). 4. The case of the petitioners, in brief, is that the petitioners were appointed as Gaon Burahs of various Lats of Mankachar, Agomani, Dhubri, Golakganj and Gauripur Revenue Circles in the Dhubri and South Salmara-Mancachar Districts, by the villagers of respective villages prior to the introduction of Gaonburha system in the erstwhile Dhubri District. In the year 2015, the State Government in the Revenue & Disaster Management (LR) Department vide Notification dated 05.01.2015, introduced the Gaon Burah system in the Districts of Goalpara, Dhubri, Cachar, Kokrajhar, Karimganj, Hailakandi, Bongaigaon and Chirang w.e.f., 01.01.2015 altogether creating 2419 numbers of new Gaonburha Lats, out of that for 1091 numbers of villages of District Dhubri, 497 numbers of Gaonburha Lats were created. 5. For administrative expediency, the State Government in the General Administration Department vide Notification dated 25.01.2016, had sanctioned for formation of new Administrative District as South Salmara-Mankachar District, comprising whole area of South Salmara Sub Division, except the area of Fakirganj Zilla Parishad Constituency as well as Birsingh Jarwa Block and Jamadarhat Development Block, with Headquarter at Hatsingimari. 6. Altogether 152 Gaonburha Lats were brought under the jurisdiction of the Deputy Commissioner, South Salmara-Mankachar and the remaining 345 numbers of Gaonburha Lats out of 497 Gaonburha for Dhubri District remained under the jurisdiction of the Deputy Commissioner, Dhubri. 7. Mr. A.R. Bhuyan, learned counsel for the petitioners in WP(C) No.3828/2018 submits that the petitioners are working as Gaonburha on the strength of being appointed by various resolutions taken by the villagers of the respective Lats, much prior to the decision of the Government. He submits that since the petitioners have been working for long as Gaonburha and in the meantime, the process of their regularization was undertaken by the Government, however, the same has not been brought to its logical conclusion. He contends that the impugned selection process of undertaking a fresh recruitment would not only be against the interest of the petitioners but would also be a futile exercise, since the petitioners are already discharging their functions as Gaonburha and in the meantime, apart from gaining sufficient experience, they legitimately expect that services would be regularized. He submits that there is no blemish whatsoever in the services rendered by them and therefore, there is no legal impediment in considering their cases and regularizing their services.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=rC8SUFuyEFsvB5V61cXUrOsyI6qr7LdD5XkpXtQq59%2BmDIqDdHY0xugQt6ATbWVx&caseno=WP(C)/3828/2018&cCode=1&cino=GAHC010118262018&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
