WP(C) 7689/2016. Gauhati High Court
| Case Number | WP(C) 7689/2016 |
| Judgement Date | May 18, 2019 |
| Court | Gauhati High Court |
I N THE GAUHATI HI GH COURT
(THE HI GH COURT OF ASSAM, NAGALAND, MI ZORAM AND ARUNACHAL PRADESH)
WP( C) No. 7689 of 2016
Sri Sudip Mandal
S/ o Late Rai Raman Mandal
R/ o 4th Assam Police Battallion, Gate No.-I Santi Nagar, Kahilipara, P.O Dispur, District – Kamrup (Metro), PI N - 781019.
-Versus-
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The State of Assam represented by the
Commissioner & Secretary, to the Government Of Assam, Home and Political Department, Dispur, Guwahati - 6.
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The Commissioner and Secretary to the
Government of Assam, Finance Department, Dispur, Guwahati - 6.
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The Director General of Police,
Ulubari, Guwahati- 7.
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The Director General of Civil Defence
And Commandant General of Home Guards, Assam, Beltola, Guwahati - 28.
……. Respondents. BEFORE
THE HON’BLE MR. JUSTI CE NELSON SAI LO
For the Petitioner :Mr. I . Alam, Advocate.
For the Respondents :Ms. D.D. Barman, Addl. Senior Government Advocate
Mr. R. Borpujari, Advocate.
WP(C) No. 7689/2016 Page - 1
…….Petitioner.
Date of Hearing :18.05.2017
Date of Judgment :18.05.2017.
JUDGMENT AND ORDER ( ORAL)
Heard Mr. I . Alam, the learned counsel for the writ petitioner and Ms. D.D. Barman, the learned Addl. Senior Government Advocate who appears for the respondent Nos. 1, 3 and 4. Mr. R. Borpujari appears for the respondent No. 2 i.e. the Finance Department.
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A brief narration of the facts of the case may be necessary to appreciate the controversy. The petitioner was appointed as Constable in the Assam Tea Plantation Security Force (ATPSF in short) vide appointment letter dated 09.07.1994 (Annexure-1). Thereafter, he was promoted to the rank of Havildar vide order dated 24.01.2001 (Annexure-2). Since the petitioner and all other similarly appointees under the ATPSF were only being paid a fixed monthly remuneration, the welfare committee of the ATPSF approached this Court by filing Civil Rule No. 1584/ 1997 seeking direction to the State respondents to give them a permanent status along with consequential time scale of pay as was given to other security force in the State.
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The writ petition came to be disposed of vide Judgment dated
22.04.2002 (Annexure-3) whereby, the respondents were directed to examine the question as to whether further continuance of the ATPSF was necessary and if so, to give them a permanent status along with the consequential time scale of pay to the members of the force who were on service as on date.
WP(C) No. 7689/2016 Page - 2
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As a consequence of the direction of this Court, a decision was taken by the State Government through the Cabinet Sub Committee which held its meeting on 04.08.2007 (Annexure-4) for re-structuring of the ATPSF and the meeting was chaired by the Minister of Planning & Development Department etc. By the said meeting, it was decided that two new battalions in the name and style of Assam Tea Plantation and I ndustrial Security Force [ subsequently named as Assam I ndustrial Security Force (AI SF)] would be accorded in line with the existing two Assam Special Reserve Force (ASRF in short) Battalions. I t was decided that the two new battalions would function in line with the ASRF Battalions under the Administrative Control of the Director General of Civil Defence and the Commandant General of Home Guards, Assam. The eligible of the ATPSF personnel would be examined by a Board to be constituted by the Government. On the basis of a suitable report of the Board, the selected personnel would be put through six months training under Police. After successful completion of such training, suitable personnel...
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