Gauhati High Court seeks explanation from Finance Department

Denial of existence of policy decision regarding Muster Roll workers

STAFF REPORTER

GUWAHATI: The Gauhati High Court has directed Assam's Finance Department to file an affidavit to explain as to how a different view can be taken by the department in respect of a specific petitioner when there is already a judicial opinion that a policy decision (dated April 20, 1995) of the State Government exists for regularization of Muster Roll workers who were appointed prior to April 1, 1993.

A single-judge Bench comprising Justice Achintya Malla Bujor Barua issued this directive in connection with a Writ Petition filed by one Bahar Uddin Laskar, a Muster Roll worker under the State's Department of Women and Child Development (erstwhile Social Welfare Department).

The Bench noted that the Director Social Welfare Department had issued an order on October 14, 2015 for regularizing the services of Laskar in accordance with an earlier common judgment delivered by the High Court, which directed that all the departments under the State Government will have to act on the policy decision of the Government to regularize/absorb the Muster Roll workers/work-charged employees appointed prior to April 1, 1993.

The Bench further noted that when the order of the Director of Social Welfare was sent to the Finance Department for approval, the Finance Department made an observation that there is no policy decision of the Government to regularize the services of any casual employees recruited prior to April 1, 1993. The Finance Department stated that regularization of the petitioner cannot be agreed upon and that the order of regularization should be declared to be null and void and the erring official who issued the appointment letter to the petitioner without approval of the Finance Department should be proceeded against departmentally.

The Bench observed: "We are not against the suggestion to proceed departmentally against the official who had given the order of regularization, but what we take note is that although the Finance Department was of the view that there was no policy decision of the Government to regularize any casual employee/Muster Roll worker appointed prior to 01.04.1993, but by the judicial order dated 19.01.2005 in WP(C) No. 480/2005, specifically in respect of the present petitioner, a judicial view was taken that there exists a policy decision dated 20.04.1995 and accordingly a direction was issued to consider the claim of the petitioner as per the said policy and by the order of the Director of Social Welfare dated 14.10.2015, the services of the petitioner was regularized…

"As there is a conflict between the view of the Finance Department with that of the judicially accepted view of the Court in its order dated 19.01.2005 in WP(C) No. 480/2005, specifically in respect of the present petitioner, we are of the view that a prima facie case has been made out by the petitioner against the order dated 10.11.2020 of the Joint Secretary to the Government of Assam in the Social Welfare Department in withdrawing the regularization meted to the petitioner. Further, considering the balance of convenience and irreparable loss that the petitioner may suffer, the order dated 10.11.2020 of the Joint Secretary to the Government of Assam in the Social Welfare Department shall remain stayed, meaning thereby that recalling of the order of regularization of the services of the petitioner shall also remain stayed until further orders. The Finance Department may file their affidavit before the next returnable date specifically on the issue as to how a different view can be taken in respect of the present petitioner, when there is already a judicial view taken that there exists a policy decision dated 20.04.1995 for regularization of Muster Roll workers who were appointed prior to 01.04.1993".

The Bench, however, clarified: "We require the affidavit of the Finance Department specifically in respect of the present petitioner and not the general perception of law that may otherwise prevail in the department".

Hearing of the matter will resume in February next.

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