Page No.# 1/37

GAHC010234532022

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/7586/2022

KARAMJIT SINGH AND 56 ORS.

SON OF LATE PRABAN SINGH, RESIDENT OF WARD NO.4, LANKA TOWN,

PO LANKA, DISTRICT HOJAI, ASSAM. PIN 782446

2: PUSPA PATOR

SON OF LATE GAURESWAR PATOR

RESIDENT OF WARD NO.9

LANKA TOWN

PO LANKA

DISTRICT HOJAI

ASSAM. PIN 782446.

3: BISWAJIT CHAKRABARTY

SON OF LATE BAGALA RANJAN CHAKRABORTY

RESIDENT OF WARD NO.3

LANKA TOWN

PO LANKA

DISTRICT HOJAI

ASSAM. PIN 78244

4: DILIP CHANDA

SON OF LATE RAJENDRA CHANDA

RESIDENT OF WARD NO.2

LANKA TOWN

PO LANKA

DISTRICT HOJAI

ASSAM. PIN 782446

5: VINOD YADAV

SON OF ANANT YADAV

RESIDENT OF KHERONI KACHARI GAON

PO KHERONI

DISTRICT KARBI ANGLONG

ASSAM Page No.# 1/37

GAHC010234532022

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/7586/2022

KARAMJIT SINGH AND 56 ORS.

SON OF LATE PRABAN SINGH, RESIDENT OF WARD NO.4, LANKA TOWN,

PO LANKA, DISTRICT HOJAI, ASSAM. PIN 782446

2: PUSPA PATOR

SON OF LATE GAURESWAR PATOR

RESIDENT OF WARD NO.9

LANKA TOWN

PO LANKA

DISTRICT HOJAI

ASSAM. PIN 782446.

3: BISWAJIT CHAKRABARTY

SON OF LATE BAGALA RANJAN CHAKRABORTY

RESIDENT OF WARD NO.3

LANKA TOWN

PO LANKA

DISTRICT HOJAI

ASSAM. PIN 78244

4: DILIP CHANDA

SON OF LATE RAJENDRA CHANDA

RESIDENT OF WARD NO.2

LANKA TOWN

PO LANKA

DISTRICT HOJAI

ASSAM. PIN 782446

5: VINOD YADAV

SON OF ANANT YADAV

RESIDENT OF KHERONI KACHARI GAON

PO KHERONI

DISTRICT KARBI ANGLONG

ASSAM

Page No.# 2/37

PIN 782448

6: RAJIB SINGH

SON OF BISHAN SINGH

RESIDENT OF WARD NO.4

LANKA TOWN

PO LANKA

DISTRICT HOJAI

ASSAM. PIN 782446

7: BHUPEN DEKA

SON OF LATE PROMOD DEKA

VILLAGE - BARNARDDI

P.O. BARNADDI

DISTRICT - NALBARI (ASSAM).

PIN - 781303

8: MRINAL KALITA

SON OF LATE CHANDRADHAR KALITA

VILLAGE -HARIBHANGA

P.O. HARIBHANGA

DISTRICT - NALBARI ASSAM) PIN - 781378

9: BASANTA BARUAH

SON OF ADHIK CH BARUAH

VILLAGE - MAZDIA

P.O. - MUGKUCHI

DISTRICT - NALBARI (ASSAM)PIN - 781334

10: DHIREN DEKA

SON OF SRI KRISHNA RAM DEKA

VILLAGE - CHAMARKUCHI

P.O. - SANEKUCHI

DISTRICT - NALBARI (ASSAM)

PIN - 781350

11: BHARAT CH. BHATTACHARYYA

SON OF

LATE PRATAP CH. BHATTACHARYYA

VILLAGE - PIPALIBARI

P.O. - HARIBHANGA

Page No.# 3/37

DISTRICT - NALBARI (ASSAM)

PIN - 781378

12: PARAMESH BARMAN

SON OF LATE HARMOHAN BARMAN

VILLAGE - PHULGURI

P.O. - PANIGAON

DISTRICT - NALBARI (ASSAM)

PIN - 781303

13: RUPDHAN BARMAN

SON OF LATE SANKHESWAR BARMAN

VILLAGE - AMRIKHOWA

P.O. - AMRIKHOWA

DISTRICT - BARPETA (ASSAM) PIN - 781301

14: AKHIL CH KALITA

SON OF LATE GANGA RAM KALITA

VILLAGE - BARBHALUKI

P.O. - BARBHALUKI

DISTRICT - NALBARI (ASSAM) PIN - 781371

15: KALPA NATH TALUKDAR

SON OF LATE CHANDI RAM TALUKDAR

VILLAGE - SATHIKUCHI

P.O. - GOBRADAL

DISTRICT - NALBARI (ASSAM) PIN - 781370

16: MANTU DEV SARMA

SON OF LATE RAJAT CHANDRA DEV SARMA

R/O. AMIYANAGAR

CHANDMARI

GUWAHATI - 3

DISTRICT

KAMRUP (M)

ASSAM PIN - 781003

17: SANATAN CH. TALUKDAR

SON OF LATE CHANDIRAM TALUKDAR

VILLAGE - SATHIKUCHI

P.O. - GOBRADAL

DISTRICT - NALBARI (ASSAM) PIN -

18: HIRANYA BORAH

SON OF TRAILOKYA BORAH

VILLAGE - NAM BAGH MURAH

Page No.# 4/37

P.O. - BISWANATH CHARIALI

DISTRICT - BISWANATH (ASSAM) PIN -

19: KHAGESWAR BARMAN

SON OF LATE DAYARAM BARMAN

VILLAGE - GOLIA GRANT

P.O. - PANIBHARAL DISTRICT -BISWANATH (ASSAM)PIN - 784 176

20: JITEN BORAH

SON OF LATE RAJANI BORAH

VILLAGE - PURBA JYOTI KRISTI PAM NIGAM

P.O. - POLICE MANI

DISTRICT - BISWANATH (ASSAM) PIN - 784 178

21: MAKUNDA KALITA

SON OF SRI BHRIGU RAM KALITA

VILLAGE - KOCHDIGA

P.O. - HELANA

DISTRICT - BARPETA (ASSAM)PIN - 781 375

22: SARAT GOGOI

SON OF SRI LAKHI RAM GOGOI

RESIDENT OF VILLAGE - SEN SOWA GAON

P.O. - BILL GAON

DISTRICT - GOLAGHAT (ASSAM) PIN - 785602

23: SARAT BARUAH

SON OF SRI GHANA BARUAH

RESIDENT OF VILLAGE - SEN SOWA GAON

P.O. - BILL GAON

DISTRICT - GOLAGHAT (ASSAM) PIN - 785602

24: LAKHI RAM SAIKIA

SON OF SRI HEMO KANTA SAIKIA

RESIDENT OF VILLAGE - CHAKARDHARA

P.O. - FORKATING

DISTRICT - GOLAGHAT (ASSAM) PIN - 785610

25: MILON DEKA

SON OF LATE DHIREN DEKA

R/O. VILLAGE - BOKAKHAT MOHMAIKI GAON

P.O. - BOKAKHAT DISTRICT - GOLAGHAT (ASSAM) PIN - 785612

26: JIBAN CHANDRA SARMA

SON OF LATE JOY RAM SARMAH

R/O. VILLAGE - DULIAGAON

MISAMARA GAON

P.O. DERGAON (MISAMARA)

Page No.# 5/37

DISTRICT - GOLAGHAT (ASSAM) PIN - 785618

27: JYOTI PRAKASH SARMAH

SON OF LATE PROMOD SARMAH

RESIDENT OF VILLAGE - LATHAGAON

NEAR DERGAON NURSING HOME

P.O. - DISTRICT - GOLAGHAT (ASSAM) PIN - 785614

28: TAPAN BARUAH

SON OF LATE MOHEN BARUAH

RESIDENT OF VILLAGE - DERGAON

HOKIAL GAON

WARD NO. 4

P.O. - DERGAON

DISTRICT - GOLAGHAT (ASSAM) PIN - 785614

29: SARAT KUMAR TAMULY

SON OF LATE GHAN KANTA TAMULY

RESIDENT OF VILLAGE - DHEKIAL

P.O. - DHEKIAL

DISTRICT - GOLAGHAT (ASSAM) PIN - 785622

30: TIKENDRA SARMA

SON OF LATE KESAB SARMA

RESIDENT OF VILLAGE - JANGALBASTI

P.O. - DHEKIAJULI

DISTRICT - SONITPUR (ASSAM) PIN - 784110

31: NITYANANDA BHAGAWATI

SON OF BIREN CH. BHAGAWATI

RESIDENT OF VILLAGE - BAKALIAGHAT

2 NO. UADALI

P.O. - BAKALIAGHAT

DISTRICT - KARBI ANGLONG (ASSAM) PIN -32

32: SATYABRAT RAJBONGSHI

SON OF RESIDENT OF VILLAGE - 3 NO. SUKLAL P.O. - SUKLAL

DISTRICT - UDALGURI (ASSAM) PIN - 784527

33: PRADIP BORAH

SON OF LATE RAJANI BORAH

R/O. VILLAGE - PURBA JYOTI KRISURIDAM

P.O. - DULISUMONI

DISTRICT - BISWANATH (ASSAM) PIN - 784178

34: DIPEN DEURI

SON OF LATE ATUL DEURI

RESIDENT OF VILLAGE - SANTIPUR

Page No.# 6/37

P.O. - SANTIPUR

DISTRICT - BISWANATH (ASSAM) PIN - 784178

35: SANJIB BARMAN

SON OF RESIDENT OF VILLAGE - RONAKUCHI

P.O. - DIGHELI

DISTRICT - NALBARI (ASSAM)

36: WAHIDUR RAHMAN

SON OF ALIMUDDIN AHMED

RESIDENT OF VILLAGE - UKHURA

P.O. - BARAMBAI

DISTRICT - KAMRUP (ASSAM) PIN - 781104

37: UTPAL DEKA

SON OF .... RESIDENT OF VILLAGE - SARTHEBARI

WARD NO. 01

P.O. - SARTHEBARI

DISTRICT - BARPETA (ASSAM) PIN -

38: RANJAN BAISHYA

SON OF RESIDENT OF VILLAGE - BADESHILA

P.O. - HELACHA

DISTRICT - NALBARI (ASSAM) PIN - 781338

39: KAMALA KANTA DAS

SON OF SRI NANDA RAM DAS

RESIDENT OF VILLAGE - NO. 3 SUKLAI P.O. - SUKLAI

DISTRICT - UDALGURI (ASSAM) PIN -

40: TAHER ALI

SON OF MABAB ALI

RESIDENT OF VILLAGE - PATRAPUR

P.O. - KANDUY

DISTRICT - KAMRUP (ASSAM)PIN - 781121

41: SUJIT KUMAR GUPTA

SON OF LATE JAY PRAKASH GUPTA

RESIDENT OF WARD NO. -13

AM. CO. ROAD

BARDALAI PATH

P.O. DHUBRI

DIST DHUBRI (ASSAM) PIN - 1783323

42: ANANDA NATH

SON OF LATE MONMOHAN NATH

RESIDENT OF KHALILPUR

NEAR P.H.E. SUB DIV. DHUBRI

Page No.# 7/37

P.O - BIDYAPARA

DISTRICT - DHUBRI

(ASSAM)

PIN - 783324

43: NUR ISLAM

SON OF LATE SOLEMAN SK

RESIDENT OF KACHUAKHAS PT-I

DHARMASALA

DHUBRI

P.O - DHARMASALA

DHUBRI

DISTRICT - DHUBRI

(ASSAM) PIN 783324

44: SUBRATA GHOSH

SON OF LATE KESTO CHANDRA GHOSH

RESIDENT OF WARD NO. 8

NEAR DURGA TEMPLE

P.O - GAURIPUR

DISTRICT - DHUBRI

(ASSAM) PIN 783331

45: AKHAY KALITA

SON OF LATE BHABEN KALITA

VILLAGE BARAMA

DISTRICT BAKSA

(ASSAM)

46: NASHIRUDDIN SK

SON OF LATE SOLEMAN SK.

RESIDENT OF KACHUAKHAS PT-I

P.O. DHARMASALA

DHUBRI

DISTRICT - DHUBRI

(ASSAM) PIN - 783324

47: KRISHNA BARMAN

SON OF LATE. NILKANTA BARMAN

RESIDENT OF VILL-PHULGURI

P.O PANIGAON

DIST NALBARI

(ASSAM) PIN - 781303

48: DHANESWAR NATH

SON OF RAMA KANTA NATH

RESIDENT OF VILLAGE - UPPAR KARKASHI

P.O. DOHELA

Page No.# 8/37

DISTRICT GOALPARA

(ASSAM) PIN - 1783125

49: LAKHI KANTA MEDHI

SON OF LATE PARESH CH MEDHI

RESIDENT OF WARD NO. - 02

CHANDARIA 147

GOALPARA

DISTICT - GOALPARA

(ASSAM) PIN - 783101

50: JYOTISH KALITA

SON OF LATE MOHIM KALITA

RESIDENT OF VILL. - BAMUNDI

P.O. BAMUNDI

DISTICT - KAMRUP (ASSAM) PIN - 781103

51: FOYJUDDIN SK

SON OF RAHMAN ALI

RESIDENT OF VILL-DHARMASALA PT-IV

P.O - DHARMASALA

DISTRICT - DHUBRI (ASSAM)PIN - 783324

52: SANKAR GHOSH

SON OF LATE SUSHIL GHOSH

RESIDENT OF WARD NO-14

GHOSH PARA

DHUBRI

P.O. BIDYAPARA

DISTRICT - DHUBRI

(ASSAM) PIN - 783324

53: SUBARNA KUMAR NATH

S/O LATE GIRISH CH. NATH

R/O WARD NO-06 TILAPARA

P.O.-GOALPARA

DIST-GOALPARA (ASSAM)

PIN-783101

54: KRISHNA BARMAN

SON OF LATE JOLODHAR BARMAN

RESIDENT OF VILL SAKOMURA PT-III

P.O.- CHALATAPARA

DISTRICT - BONGAIGAON

(ASSAM) PIN - 783388

55: PRADIP MEDHI

SON OF LATE JAGARNATH MEDHI

Page No.# 9/37

RESIDENT OF WARD NO. - 5

TILAPARA

(S.S. ROAD)

P.O. GOALPARA

DISTRICT GOALPARA (ASSAM) PIN - 783101

56: DIPESH RABHA

SON OF LATE SONESWAR RABHA

RESIDENT OF WARD NO. 01

CHANDARIA

NEAR ASSAM CLUB

P.O. GOALPARA

DISTRICT GOALPARA (ASSAM) PIN - 783101

57: NAKIB HUSSAIN

SON OF LATE ALAUDDIN HUSSAIN

RESIDENT OF WARD NO. 04

AMBARI

GOALPARA

P.O. GOALPARA

DISTRICT GOALPARA (ASSAM) PIN - 78310

VERSUS

THE STATE OF ASSAM AND 10 ORS.

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM,

DEPARTMENT OF HOUSING AND URBAN AFFAIRS,

DISPUR, GUWAHATI- 781006.

2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM

DEPARTMENT OF HOUSING AND URBAN AFFAIRS

DISPUR

GUWAHATI- 781006

3:THE ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD

AMRITPUR PATH

GANESHGURI

GUWAHATI-781006

REPRESENTED BY THE MANAGING DIRECTOR

4:THE MANAGING DIRECTOR

ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD

AMRITPUR PATH

GANESHGURI

GUWAHATI-781006

5:THE DIRECTOR

Page No.# 10/37

MUNICIPAL ADMINISTRATION

ASSAM

NEAR GANESH MANDIR

DISPUR

GUWAHATI 781006

6:THE CHIEF ENGINEER

ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD

GUWAHATI- 781005

7:THE SUPERINTENDING ENGINEER

ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD

GUWAHATI- 781005

8:THE EXECUTIVE ENGINEER

ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD

GUWAHATI DIVISION

GUWAHATI- 781024

9:THE EXECUTIVE ENGINEER

ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD

DHUBRI DIVISION

DHUBRI

ASSAM

10:THE EXECUTIVE ENGINEER

ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD

NORTH ASSAM DIVISION

ASSAM

11:THE EXECUTIVE ENGINEER

ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD

JORHAT DIVISION

JORHA

Advocate for the Petitioner : MR. U K NAIR

Advocate for the Respondent : GA, ASSAM

Linked Case : WP(C)/1989/2023

BISWAJYOTI DAS AND 33 ORS

S/O SRI BIDHAN CH DAS

Page No.# 11/37

R/O RABINDRA SARANI

NEAR SARANI MANDIR

HKD ROAD

SILCHAR

DIST-CACHAR

ASSAM-788005

2: SANJAY DUSAD

S/O LATE RAM LAKSHMAN DUSAD

R/O P.O. AND VILL-PAILA POST

DIST-CACHAR

ASSAM

PIN-788098

3: ANJAN GOALA

S/O HIRANLAL GOALA

R/O DURGAKONA

DIST-CACHAR

ASSAM

PIN-788011

4: DASHARATH PRASAD

S/O LATE RAM BHAJAN PRASAD

R/O HOUSE NO. 3

SARADA SARANI

N.H. WAY

SILCHAR

DIST-CACHAR

ASSAM 788005

5: NIRENDRA NAMOSUDRA

S/O LATE ABHAY NAMOSUDRA

R/O BIPIN PAUL SARANI

HAILAKANDI ROAD

SILCHAR

DIST-CACHAR

ASSAM 788005

6: NAZU AHMED MAZUMDAR

S/O LATE MUKTAR UDDIN MAZUMDER

R/O UTTAR KRISHNAPUR PART-I

SILCHAR

DIST-CACHAR

ASSAM 788005

7: NIRMAL GOALA

S/O LATE RAM MURAT GOALA

R/O VILL-NUTUN BASTI

Page No.# 12/37

P.O.-SINGER BOND

P.S.-LAKHIPUR

SILCHAR

DIST-CACHAR

ASSAM-788126

8: BISHNU BANIA

S/O LATE RAM NARAYAN BANIA

R/O DWARBON DAKKIN TILLA

SILCHAR

DIST-CACHAR

ASSAM-788006

9: BIJOYANANDA GOALA

S/O SRI BOLIRAM GOALA

R/O NATIONAL HIGHWAY SILCHAR

DIST-CACHAR

ASSAM-788005

10: GOPAL CH. DEB

S/O LATE KEDAR CH. DEB

R/O SRE DAS LANE

NATIONAL HIGHWAY

SILCHAR

DIST-CACHAR

ASSAM-788006

11: CHANDAN DAS

S/O LATE KUMUD CH. DAS

R/O ASHUTOSH SARANI

HAILAKANDI ROAD

SILCHAR

DIST-CACHAR

ASSAM-788006

12: AMARJIT GOALA

S/O LATE LACHMI PRASAD GOALA

R/O VILLAGE BARIK NAGAR

PART-II

P.O.-SILCOORIE

SILCHAR

DIST-CACHAR

ASSAM-788118

13: PINTU PAUL

S/O LATE SACHINDRA PAUL

R/O VILL-RENGTI BASTI

P.O.-JAIFORPUR

Page No.# 13/37

SILCHAR

DIST-CACHAR

ASSAM-788005

14: SUKLA CHOUDHURY

W/O RAJU CHOUDHURY

R/O RANGIRKHARI HAILAKANDI ROAD

NEAR DAS COLONY

SILCHAR

DIST-CACHAR

ASSAM-788005

15: RAMAN BISWAS

S/O LATE KALIPADA BISWAS

R/O PAILAPOOL LOBACPAR

PART-III

SILCHAR

DIST-CACHAR

ASSAM-788098

16: HIROK DEY

S/O LATE NRIPESH CH. DEY

R/O VILL AND P.O.-PAILAPOOL

P.S.-LAKHIPUR

SILCHAR

DIST-CACHAR

ASSAM-788098

17: AJOY KUMAR YADAV

S/O LATE HARI PRASAD YADAV

R/O MODHU TILLA

P.O.-N.I.T.

SILCHAR

DIST-CACHAR

ASSAM

PIN-788010

18: AHMADUL HOQUE LASKAR

S/O LATE FAIZUDDIN LASKAR

R/O VILL-SATKARAKANDI

PART-II

P.O.-SATKARAKANDI

SILCHAR

DIST-CACHAR

ASSAM-788013

19: SUBRATA DAS

S/O LATE SITTANGSHU DAS

Page No.# 14/37

R/O RABINDRA SARANI

HOUSE NO. 27

HAILAKANDI ROAD

SILCHAR

DIST-CACHAR

ASSAM-788005

20: BITTU DAS

S/O LATE AKHIL DAS

R/O MAHANAM BRATO SARANI

SILCHAR

DIST-CACHAR

ASSAM-788005

21: GOURANGA GOALA

S/O - GUNESH PRASAD GOALA

AGED ABOUT - 39 YEARS

R/O - DUNGRU BASTI

P.O. - PALONGHAT

SILCHAR

DISTRICT - CACHAR

ASSAM - 788116

22: RAJEN KALWAR

S/O - LATE RUPLAL KALWAR

AGED ABOUT - 34 YEARS

R/O - VILLAGE AND P.O. PAILA POOL

SILCHAR

DISTRICT - CACHAR

ASSAM - 788098

23: BADRUL ALAM MAZUMDER

S/O - LATE RUHUL AMIN MAZUMDAR

AGED ABOUT - 41 YEARS

R/O - UTTAR KRISHNAPUR

PART-I

P.O. UTTAR KRISHNAPUR

SONAI ROAD

SILCHAR

DISTRICT - CACHAR

ASSAM - 788006

Page No.# 15/37

24: DIPU KUMAR DAS

S/O - LATE GIRINDRA KR. DAS

AGED ABOUT - 43 YEARS

R/O - 1ST LINK ROAD

LANE NO. 14

HOUSE NO. 32

SILCHAR

DISTRICT - CACHAR

ASSAM - 788006

25: ANWAR HUSSAIN MAZMDER

S/O - LATE MOINU HAQUE MAZUMDAR

AGED ABOUT - 52 YEARS

R/O - UTTAR KRISHNAPUR

PART-I

P.O. UTTAR KRISHNAPUR

SILCHAR

DISTRICT - CACHAR

ASSAM - 788006

26: ABDUS SALAM MD. MUZAKHIR MAZUMDAR

S/O - LATE MUDASSIR ALI MAZUMDAR

AGED ABOUT - 51 YEARS

R/O - VILLAGE -UTTARKRISHNAPUR

PT-I

SILCHAR

DISTRICT - CACHAR

ASSAM - 788006

27: BHAJANLAL GOALA

S/O - LATE KISHUN GOALA

AGED ABOUT - 38 YEARS

R/O - VILLAGE - KAPTANPUR

PT-I

P.O. KAPTANPUR

SILCHAR

Page No.# 16/37

DISTRICT - CACHAR

ASSAM - 788119

28: HIRONMOY ROY

S/O - LATE PROVHAT CHANDRA ROY

AGED ABOUT - 47 YEARS

R/O - VILLAGE - JAMALPAR

SILCHAR

DISTRICT - CACHAR

ASSAM - 788116

29: BIJOY LOHAR

S/O - LATE MOHAN LOHAR

AGED ABOUT - 43 YEARS

R/O - SAUTILLA

P.O. DULLABCHERRA

SILCHAR

DISTRICT - KARIMGANJ

ASSAM - 788736

30: DILIP DEB

S/O - LATE DHIRENDRA DEB

AGED ABOUT - 46 YEARS

R/O - KANAKPUR ROAD

PART-II

SHYAMANANDA LANE

LANE NO. 08

HOUSE NO. 16

SILCHAR

DISTRICT - CACHAR

ASSAM - 788005

31: PRATAP SINGH YADAV

S/O - LATE GAYA PRASAD GOALA

AGED ABOUT - 43 YEARS

R/O - VILLAGE - DUGRU BASTI

P.O. - PALONGHAT

Page No.# 17/37

SILCHAR

DISTRICT - CACHAR

ASSAM - 788116

32: ROSHMI DEB

W/O -BISHMARUP DEB

AGED ABOUT - 35 YEARS

R/O -RONGPURSANTIPUR

SILCHAR

DISTRICT - CACHAR

ASSAM - 788009

33: MAHUA BHOWMIK

D/O - LATE ARUN KR GUPTA

AGED ABOUT - 50 YEARS

R/O - SOUMITRA BHOWMIK

EAST PADMANAYARBILPAR

SILCHAR

DISTRICT - CACHAR

ASSAM - 78800

34: GAUTAM DEBNATH

S/O - LATE KHAGENDRA DEBNATH

AGED ABOUT - 39 YEARS

R/O - SONAI ROAD

SURAT PALLY

SILCHAR

DISTRICT - CACHAR

ASSAM - 788006

VERSUS

THE STATE OF ASSAM AND 8 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE

GOVERNMENT OF ASSAM

DEPARTMENT OF HOUSING AND URBAN AFFAIRS

DISPUR

GUWAHATI-06

2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM

Page No.# 18/37

DEPARTMENT OF HOUSING AND URBAN AFFAIRS

DISPUR

GUWAHATI-06

3:THE ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD

AMRITPUR PATH

GANESHGURI

GUWAHATI -06

REPRESENTED BY ITS MANAGING DIRECTOR

4:THE DIRECTOR

MUNICIPAL ADMINISTRATION

ASSAM

NEAR GANESH MANDIR

DISPUR

GUWAHATI-06

5:DEPUTY COMMISSIONER

CACHAR

SILCHAR

6:THE DISTRICT DEVELOPMENT COMMISSIONER

CACHAR

SILCHAR

7:SILCHAR MUNICIPAL BOARD

REPRESENTED BY ITS CHAIRMAN

SILCHAR

CACHAR

8:THE EXECUTIVE ENGINEER

ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD

BARAK VALLEY DIVISION

SILCHAR-5

9:THE COMMISSIONER AND SECRETARY

FINANCE DEPARTMENT

DISPUR

GUWAHATI-06

------------

Advocate for : MR B D DAS

Advocate for : GA

ASSAM appearing for THE STATE OF ASSAM AND 8 ORS

Linked Case : WP(C)/3263/2023

TRAILOKYA KUMAR DAS AND 21 ORS

SON OF DINABANDHU DAS

RESIDENT OF VILLAGE AND PO PATBAUSI

DISTRICT BARPETA

ASSAM.

Page No.# 19/37

2: NARESWAR KALITA

SON OF LATE PANCHANAND KALITA

RESIDENT OF VILLAGE PIPLA

PO NITYANANDA

DISTRICT BAJALI

ASSAM.

3: HITESH SARMA

SON OF UMESH SARMA

RESIDENT OF VILLAGE NIZ NAMATI

PO NAMATI

DISTRICT NALBARI

ASSAM.

4: ARUN DAS

SON OF LATE NAGEN DAS

RESIDENT OF VILLAGE WARD NO 2 PUBPAHARTOLI

PO GOALPARA

DISTRICT GOALPARA

ASSAM.

5: SMT. ANIMA TALUKDAR

DAUGHTER OF LATE BANIKANTA TALUKDR

RESIDENT OF VILLAGE WARD NO 8 SEUJPUR

PO BARPETA ROAD

DISTRICT BARPETA

ASSAM.

6: PRANJIT BHAGAWATI

SON OF LATE NARENDRA BHAGAWATI

RESIDENT OF VILLAGE HARIGHAT

PO HELASHA

DISTRICT BARPETA

ASSAM.

7: SUJAL KUMAR DEY

SON OF LATE SUBHASH DEY

RESIDENT OF WARD NO. 8

PO BARPETA ROAD

DISTRICT BARPETA

ASSAM.

8: DINESH CHANDRA DAS

SON OF LATE DASHARATH DAS

RESIDENT OF VILLAGE DAKSHIN REHABARI

PO PUB REHABARI

DISTRACT BAJALI

Page No.# 20/37

ASSAM.

9: DHANJIT DAS

SON OF LATE UMESH CHANDRA DAS

RESIDENT OF VILLAGE SHINGRA

PO GARARTARI

DISTRACT BARPETA

ASSAM.

10: PARAMANANDA GAYARI

SON OF LATE AMAR GAYARI

RESIDENT OF VILLAGE BANDHOI SIDHANIGAR

PO BAGHMARA BAZAR

DISTRICT BAJATI

ASSAM.

11: TARANI DAS

SON OF MEGDAR DAS

RESIDENT OF VILLAGE UTTAR GANAKGARI

PO SARBHOG

DISTRICT BARPETA

ASSAM.

12: DIBAKAR DAS

SON OF LAKSHI KANTA DAS

RESIDENT OF VILLAGE AND PO BHULUKAGABA

DISTRICT BARPETA

ASSAM.

13: RANJIT SHARMA

SON OF LATE JAGEDRA SHARMA

RESIDENT OF VILLAGE KHUDRAKATARA

PO CHENGROI

DISTRICT NALBARI

ASSAM.

(1 TO 13 WORKING UNDER BARPETA ROAD WATER SUPPLY SCHEME OF

ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD).

14: MD AZIZUL ALI

SON OF LATE AKBAR ALI

RESIDEN OF VILLAGE MANICKPUR

DISTRICT BONGAIGOAN

ASSAM.

(WORKING UNDER JORHAT SUB-DIVISION OF ASSAM URBAN WATER

SUPPLY AND SEWERAGE BOARD)

15: SUBASH SARMAH

SON OF RAJANI SARMAH

Page No.# 21/37

RESIDENT OF VILLAGE BAGURIHATE PO NALBARI DISTRICT NALBARI.

(WORKING UNDER DHUBRI SUB-DIVISION OF ASSAM URBAN WATER

SUPPLY AND SEWERAGE BOARD)

16: DANDI RAM DAS

SON OF KRISHNA MOHAN DAS

RESIDENT OF VILLAGE DEOLKUSHI

PO DEOLKUSHI

DISTRICT KAMRUP. ASSAM.

(WORKING UNDER DHUBRI SUB-DIVISION OF ASSAM URBAN WATER

SUPPLY AND SEWERAGE BOARD)

17: MANASH KHAUND

SON OF LATE KASHAB KHAUND

RESIDENT OF VILLAGE SAMORI KHOWA PO BISWANATH CHARIALI

DISTRICT SONITPUR

ASSAM.

(WORKING UNDER GUWAHATI DIVISION -II OF ASSAM URBAN WATER

SUPPLY AND SEWERAGE BOARD)

18: DIGANTA BAISYA

SON OF SARAKAN BAISHYA

RESIDENT OF VILLAGE WARD NO. 1 BANIAPARA

PO MANGALDAI

DISTRICT DARRANG

ASSAM.

(WORKING UNDER GUWAHATI DIVISION-II OF ASSAM URBAN WATER

SUPPLY AND SEWERAGE BOARD)

19: DIPU RABHA

SON OF RABIN RABHA

RESIDENT OF VILLAGE WARD NO. 2 PAHARTULI

PO GOALPARA

DISTRICT GOALPARA

ASSAM.

(WORKING UNDER DHUBRI DIVISION OF ASSAM URBAN WATER SUPPLY

AND SEWERAGE BOARD)

20: DEBESWAR KALITA

SON OF LATE RAM KRISHNA KALITA

RESIDENT OF VILLAGE WARD NO. 1 RUPJYOI

PO GOALPARA

DISTRICT GOALPARA

ASSAM.

(WORKING UNDER JORHAT DIVISION OF ASSAM URBAN WATER SUPPLY

AND SEWERAGE BOARD)

21: MONOJ KUMAR DOLEY

Page No.# 22/37

SON OF TORSHING DOLEY

PO KKAJAN TINIALI

PS SILAPATHAR

DISTRICT DHEMAJI

ASSAM.

(WORKING UNDER JORHAT DIVISION OF ASSAM URBAN WATER SUPPLY

AND SEWERAGE BOARD)

22: RAJU PHUKAN

SON OF LATE NAGEN PHUKAN

PO BILLGAON

PS BORPATHAR

DISTRICT GOLAGHAT

ASSAM.

(WORKING UNDER JORHAT DIVISION OF ASSAM URBAN WATER SUPPLY

AND SEWERAGE BOARD)

VERSUS

THE STATE OF ASSAM AND 10 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT

OF ASSAM

DEPARTMENT OF HOUSING AND URBAN AFFAIRS

DISPUR

GUWAHATI- 781006.

2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM

DEPARTMENT OF HOUSING AND URBAN AFFAIRS

DISPUR

GUWAHATI- 781006.

3:THE ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD

AMRITPUR PATH

GANESHGURI

GUWAHATI-781006

REPRESENTED BY THE MANAGING DIRECTOR.

4:THE MANAGING DIRECTOR

ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD

AMRITPUR PATH

GANESHGURI

GUWAHATI-781006.

5:THE DIRECTOR

MUNICIPAL ADMINISTRATION

ASSAM

NEAR GANESH MANDIR

DISPUR

GUWAHATI 781006

6:THE CHIEF ENGINEER

ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD

GUWAHATI- 781005.

Page No.# 23/37

7:THE SUPERINTENDING ENGINEER

ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD

GUWAHATI- 781005.

8:THE EXECUTIVE ENGINEER

ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD

GUWAHATI DIVISION

GUWAHATI- 781024.

9:THE EXECUTIVE ENGINEER

ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD

DHUBRI DIVISION

DHUBRI

ASSAM.

10:THE EXECUTIVE ENGINEER

ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD

BARPETA ROAD DIVISION

BARPETA

ASSAM

11:THE EXECUTIVE ENGINEER

ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD

JORHAT DIVISION

JORHAT.

------------

Advocate for : MRS. K DEVI

Advocate for : GA

ASSAM appearing for THE STATE OF ASSAM AND 10 ORS

B E F O R E

Hon’ble MR. JUSTICE SANJAY KUMAR MEDHI

Advocates for the petitioners : Shri MK Choudhury, Sr. Adv.

Ms. K. Devi

Shri BD Das, Sr. Adv.

Shri HK Das

Advocates for the respondents : Shri S. Dutta, Sr. Adv. [SC-SMB]

Shri P. Nayak, SC-H&UD Dept.

Shri SP Choudhury, SC-AUWS&S

Shri R. Borpujari, SC-Finance

Date of hearing : 18.07.2024

Date of Judgment : 26.07.2024

Page No.# 24/37

Judgment & Order

All these three writ petitions being connected with similar grievance and

reliefs, those are taken together for hearing and are disposed of by this

common judgment and order. The grievance, in gist is the issue regarding the

monthly salaries of the petitioners and their regularization in service.

2. Before going to the issue which has arisen for determination, it would be

convenient if the facts of the cases are narrated briefly.

3. In writ petition WP(C)/7586/2022, there are 57 nos. of petitioners who

were initially working under the Assam Urban Water Supply and Sewerage

Board (hereinafter AUWS&S Board) in various parts of the State. Similarly, in

WP(C)/3263/2023, there are 22 nos. of petitioners working in similar capacity

on work charged basis. The petitioners in WP(C)/1989/2023 are 34 in numbers

who are also working as work charged Khalashi in the Barak Valley Division of

the AUWS&S Board. The petitioners claim to have been working for a long

period of time without their services being regularized. Vide a notification dated

21.06.2022 issued by the Housing and Urban Affairs Department, Government

of Assam, the AUWS&S Board was to partially handover the running schemes to

the Urban Local Bodies (ULBs) and the concerned ULBs would bear the cost of

electricity bill, chemical and maintenance bill of such schemes from the available

fund under the 15

th

F.C. Tied Grant and AUWS&S Board would continue to

operate and collect revenues until these schemes are fully handed over to the

respective ULBs. The said order was passed pursuant to a decision taken in the

meeting chaired by the Chief Minister of the State on 14.05.2022. The principal

grievance of the petitioners is on the aspect of the payment of their regular

salaries and also regularization of their services. In fact, in WP(C)/7586/2022

Page No.# 25/37

and 3263/2023, prayer has also been made for setting aside the aforesaid order

dated 21.06.2022.

4. I have heard Shri MK Choudhury, learned Senior Counsel assisted by Ms.

K. Devi, learned counsel for the petitioners in WP(C)/7586/2022 and 3263/2023

and Shri BD Das, learned Senior Counsel assisted by Shri HK Sarma, learned

counsel for the petitioners in WP(C)/1989/2023. I have also heard Shri S. Dutta,

learned Senior Counsel for the Silchar Municipal Board; Shri P. Nayak, learned

Standing Counsel, Housing and Urban Development Department; Shri R.

Borpujari, learned Standing Counsel, Finance Department and Shri SP

Choudhury, learned counsel for the Assam Urban Water Supply and Sewerage

Board.

5. Shri MK Choudhury, learned Senior Counsel for the petitioners has

submitted that the principal grievance was based on the apprehension that the

aspect of salaries was not taken into consideration while passing the impugned

order dated 21.06.2022. He has submitted that after handing over of the

running schemes to the ULBs, while the aspect of cost of electricity bill,

chemical and maintenance bill were specifically mentioned in the said order,

there was no mention regarding payment of salaries. The learned Senior

Counsel has however submitted that the aspect of the salaries of the petitioners

represented by him have been redressed to a certain extent as salaries have

been paid. However, payment of such salaries is not being done regularly and in

a timely manner. He submits that the petitioners having discharging their duties,

payment of regular and timely salaries is their right.

6. On the aspect of regularization of the services of the petitioners, Shri

Choudhury, the learned Senior Counsel has submitted that the petitioners have

been rendering their services in work charged capacity for a long period of time.

Page No.# 26/37

In absence of an order of regularization of their services, the said services

remain at an uncertain stage, which would be more when the petitioners would

attain the age of superannuation. By referring to the affidavit-in-opposition filed

by the respondent no. 6 - the Chief Engineer of the AUWS&S Board filed on

22.03.2023, the learned Senior Counsel for the petitioners has drawn the

attention of this Court to the averments made in paragraph 8 thereof wherein,

on the aspect of regularization of the services, it has been stated that the

AUWS&S Board had decided to upgrade three work charged staff with the

approval of the Finance (SIU) Department. It has also been stated that on

various occasions, proposals have been submitted before the Housing and

Urban Affairs Department for regularization of the services of the muster roll/

work charged employee who were working with the AUWS&S Board and the

same is pending in the concerned Department. The learned Senior Counsel

reiterates that the petitioners have completed more than 20 years of service and

accordingly prays for a direction that till the process of regularization is

completed, the services of the petitioners may not be disturbed.

7. Shri BD Das, learned Senior Counsel appearing for the petitioners has

submitted that the petitioners in his case all pertain to the Barak Valley Division

and subsequent to the order dated 21.06.2022, their services have been

transferred to the Silchar Municipal Board (SMB). It is specifically submitted that

for the period of June, 2021 to January, 2022, no salaries have been paid to the

petitioners and this was even prior to their transfer to the SMB. From February,

2022 to December, 2022 (11 months) the salaries have been paid to the

petitioners from the fund of the Sewerage Board trough the SMB. However, from

January 2023, no salaries have been paid to the petitioners till date. It is also

submitted that there has been no deduction of CPF as well as no deposit of

Page No.# 27/37

GSLI from February, 2022.

8. Shri Das, learned Senior Counsel has also referred to a communication

dated 29.10.2021 issued by the Department of Housing and Urban Affairs to the

Deputy Commissioner, Cachar which has been annexed as Annexure 3 to the

writ petition and has contended that the transfer of the schemes to the

Municipal Boards was for better functioning. The Deputy Commissioner was

accordingly directed to make necessary arrangements for taking over the Silchar

Water Supply Scheme with all men, materials and liabilities by the SMB. The

details of the men, materials and liabilities was also attached with the said letter.

He accordingly submits that the SMB cannot shy away from its responsibilities of

paying the regular salaries to the petitioners and also the other service benefits.

The difficulties faced by the petitioners in absence of their regular salaries have

been highlighted and it is submitted that necessary directions are to be issued

for regular disbursement of the salaries and the other service benefits.

9. Shri P. Nayak, learned Standing Counsel, Housing and Urban Affairs

Department has, however raised an issue on the aspect of the prayer for

regularization of the service. It is submitted that the petitioners were engaged

under a particular scheme and therefore, their claim for regularization is without

any basis. By referring to the affidavit-in-opposition filed on 29.08.2023 in

WP(C)/1989/2023, the learned counsel has drawn the attention of this Court to

the averments made in paragraph 4. It is submitted that the petitioners were

engaged under the Silchar Water Supply Scheme implemented under Non-

Lapsable Central Pool of Resources (NLCPR) Scheme initially by the AUWS&S

Board and later taken over by the SMB. An amount of Rs.8,90,000/- was also

decided to be credited to the bank account of the SMB which was collected by

the AUWS&S Board as revenue before handing over. He has also highlighted the

Page No.# 28/37

gross anomalies in the revenue which is required to be collected and the actual

collection. It is submitted that the petitioners who are responsible for collection

of the revenue are themselves to be blamed for not being able to collect the

estimated revenue. It has also been categorically submitted that the petitioners

being appointed under Scheme, they are not the employees under the

Government and therefore, their claim for regularization cannot be considered.

It is submitted that the petitioners are not working under any substantive

vacancies and they being a part of the Scheme are not also the employees of

the SMB.

10. The learned Standing Counsel has also drawn the attention of this Court

to a chart which is a part of the paragraph 15 to show that the Silchar Town

Water Supply Scheme has sufficient revenue generation capacity to meet the

salary requirements of its employees and if the revenue collection goes down in

a particular month, the petitioners are themselves responsible for such low

revenue generation. It is submitted that the petitioners are to be paid the

salaries from the funds of the SMB and the Department cannot be burdened.

11. Appearing for the SMB, Shri S. Dutta, learned Senior Counsel has

submitted that during the pendency of this case, an enquiry was done pursuant

to an order dated 11.10.2023 of this Court in WP(C)/1989/2023. The said

enquiry report which has been forwarded vide letter dated 17.02.2024 has taken

into consideration the demand and actual collection statement of water tariff

under the Silchar Water Supply Scheme. It is submitted that the said enquiry

report would show that in a study made for the last five years from 2017-18 to

2021-22, the total shortfall was found to be Rs.11,65,314/-. It is also submitted

that there was a huge liability of the AUWS&S Board towards CPF contribution

which has increased after pay revision as per the ROP 2017. The learned Senior

Page No.# 29/37

Counsel has highlighted that all the records of the services of the petitioners

have not been completely handed over by the AUWS&S Board to the SMB

leading to further delay in resolution of the matter. The learned Senior Counsel

has submitted that delay in CPF contribution also invites penalty and the SMB

are having serious apprehension of being saddled with such penalty for no fault

of it.

12. By referring to the additional affidavit-in-opposition filed by the SMB on

08.09.2023, Shri Dutta, learned Senior Counsel has drawn the attention of this

Court to the averments made in paragraph 7 to contend that the AUWS&S

Board had failed to furnish proper books of account, liabilities towards their

employees, CPF contribution etc. Reference has also been made to the minutes

of meeting held on 07.06.2023 amongst the various authorities whereby it was

resolved to submit audited accounts with the relevant books of the water supply

scheme. The statement of the Executive Engineer, AUWS&S Board, Barak Valley

Division recorded on 16.08.2023 has also been referred to wherein the reasons

for decrease in revenue have been highlighted.

13. Shri Dutta, learned Senior Counsel has also referred to the Article 243Y of

the Constitution of India as per which there is a provision for a Finance

Commission pertaining to municipal bodies which envisages grants-in-aid to the

municipal bodies from the consolidated funds of the State. It is contended that

the State Government is required to take an active step to resolve the issue by

making available the funds by means of grants-in-aid.

14. Shri R. Borpujari, learned Standing Counsel, Finance Department submits

that the Finance Department has been made a party respondent no. 9 in

WP(C)/1989/2023. By referring to the affidavit-in-opposition filed on 25.08.2023

in the aforesaid writ petition, the learned Standing Counsel has submitted that

Page No.# 30/37

the financial burden connected to the issue cannot be saddled on the Finance

Department or the Administrative Department in the Government as the Urban

Local Bodies have their own revenue generating mechanism. In the said

affidavit, it has been averred in paragraph 4 that the Finance Department had

issued a letter dated 09.08.2023 to the Housing and Urban Affairs Department

which is the Administrative Department to clarify the liabilities of the petitioners.

15. Shri Borpujari has also highlighted certain constitutional aspects relating

to the issue. He has referred to Part IX A of the Constitution of India which

pertains to Municipalities. By referring to Article 243 X, he submits that the

Municipalities have been vested with powers to impose tax and also deals with

the funds. Under the said provision, the State may also provide for making such

grants-in-aid to the Municipalities from the consolidated funds of the State.

Reference has been made to Article 243 W to contend that the Municipalities are

to function as institutions of self Government and may be vested with such

powers and responsibilities for preparation of plans for economic development

and performance of functions and implementation of schemes.

16. Shri Borpujari has also referred to the Assam Municipal Act, 1956. By

referring to Section 50, he has contended that the Municipalities has the power

to make appointment and payment of the establishment. Section 54 relates to

liability for loss and waste and Section 58 is in connection with constitution and

custody of municipal funds. Section 58 (2) (d) is for grants-in-aid by the

Government and under Section 59, the Municipal Boards may raise loans.

Section 60 is in connection with application of the funds. He accordingly submits

that in view of the aforesaid constitutional mechanism, no liability can be

fastened upon the State Government to pay salaries of the persons serving with

the Municipalities. He has also endorsed the submission made on behalf of the

Page No.# 31/37

Housing and Urban Affairs Department that the petitioners are only connected

with a scheme and neither the employees of the State nor of the Municipalities.

17. The rival submissions have been duly considered and the materials placed

before this Court have been carefully perused.

18. Certain things are undisputed and amongst those is the fact that all the

petitioners were serving under the AUWS&S Board in various parts of Assam

and as indicated above, in WP(C)/1989/2023, the petitioners were in the Barak

Valley Division. The scheme in which the petitioners have been working is

connected to the water supply and sewerage and such schemes cannot, in any

manner be construed to be temporary or seasonal in nature. On the contrary,

such scheme is of perennial nature as water supply and sewerage is one of the

essential activities for the society. The decision taken by the Government on

21.06.2022 to handover the schemes to the Urban Local Bodies from the

AUWS&S Board in no manner can adversely affect the rights and interest of the

petitioners as it is only a case of the change of the employer by a decision taken

by the Government in which the petitioners admittedly did not have any role. By

that action, the salaries and other service benefits of the petitioners cannot be

adversely affected at all.

19. Though an apprehension was expressed by few of the petitioners

regarding their salaries after such transfer of scheme to the Urban Local Bodies

in view of the absence of any expressed direction in the order dated

21.06.2022, from the subsequent developments, such apprehension does not

appear to be based on any grounds. In any event, as discussed above, the

handing over the scheme cannot be to the prejudice of the personnel connected

with the said scheme.

Page No.# 32/37

20. As indicated above, the relief pertains to regular salaries along with

incidental entitlements like CPF etc. and the aspect of regularization of service.

This Court would however like to take up the issue pertaining to the

regularization of service first.

21. The law relating to regularization of service is no longer res integra and

has been settled by authoritative pronouncements by the Hon’ble Supreme

Court in amongst others, the case of Secretary, State of Karnataka and

Ors. Vs. Umadevi (3) and Ors. reported in(2006) 4 SCC 1. The relevant

observations made in the said case are extracted hereinbelow-

“53. One aspect needs to be clarified. There may be cases where

irregular appointments (not illegal appointments) as explained in

S.V. Narayanappa, R.N. Nanjundappa and B.N. Nagarajan and

referred to in paragraph 15 above, of duly qualified persons in duly

sanctioned vacant posts might have been made and the employees

have continued to work for ten years or more but without the

intervention of orders of courts or of tribunals. The question of

regularization of the services of such employees may have to be

considered on merits in the light of the principles settled by this

Court in the cases above referred to and in the light of this

judgment. In that context, the Union of India, the State

Governments and their instrumentalities should take steps to

regularise as a onetime measure, the services of such irregularly

appointed, who have worked for ten years or more in duly

sanctioned posts but not under cover of orders of courts or of

tribunals and should further ensure that regular recruitments are

undertaken to fill those vacant sanctioned posts that require to be

Page No.# 33/37

filled up, in cases where temporary employees or daily wagers are

being now employed. The process must be set in motion within six

months from this date. We also clarify that regularization, if any

already made, but not sub judice, need not be reopened based on

this judgment, but there should be no further by-passing of the

constitutional requirement and regularising or making permanent,

those not duly appointed as per the constitutional scheme.”

22. It is seen that as a one-time measure, regularization has been permitted

for employees who were appointed in a sanctioned vacant post and have been

continuing in their service without any interim protection of any Court and

possesses the requisite qualification.

23. In the instant case, it clearly appears that the initial induction of the

petitioner in service in the AUWS&S Board was not against any sanctioned

vacant post and rather the materials on records would show that the

appointments were under a particular scheme. In fact, vide the impugned order

dated 26.06.2022 there is a clear direction that the running schemes were to be

handed over to the urban local bodies.

24. In this connection, it would be relevant to refer to the statements made

by the AUWS&S Board in its affidavit-in-opposition filed on 22.03.2023 on the

aspect of regularization of services of the petitioners. In paragraph 8 of the said

affidavit-in-opposition, the following statement has been made-

“8. That with regard to the statements made in paragraph 10 of

the Writ Petition the deponent begs to state that the Board authority

has decided to upgrade the three Work Charge staff as mentioned

above with the approval of the Finance (SIU) Department,

Page No.# 34/37

Government of Assam. However, the Board on various occasion

submitted proposal before the Department of Housing and Urban

Affairs, Dispur for regularization of services of Muster Roll/Work

Charge worker who were working with the Board till date but the

same is still pending in the concerned Department.”

25. The learned counsel for the petitioners has strenuously argued that in

view of such stand, a direction for regularization of service of the petitioners

may be issued. This Court however of the firm view that while the employer

may take certain steps for regularization of the services of its employees which

however has to be done strictly in accordance with law, a direction for

regularization as such, cannot be issued by this Court, more so, when this Court

has already noticed that the petitioners do not fulfill one of the basic

requirements for consideration of such regularization. The authorities are

however at liberty to bring the aspect to a logical conclusion, however, strictly in

accordance with the law governing the field of regularization.

26. This brings this Court to the issue of payment of salaries. It may be

mentioned that this Court vide an order dated 11.10.2023, on the suggestion of

the learned Advocate General, Assam had directed constitution of a Committee

to make an enquiry so far as the revenue collection of the SMB is concerned. In

compliance with the said order, a Committee was constituted which had

furnished a report and the same was forwarded to the District Commissioner,

Cachar on 17.02.2024. The Committee noticed that the SMB could not furnish

the statement of expenditure relating to electricity bill, operational maintenance,

PoL etc. and therefore, the receipt and expenditure statement could not be

prepared. The issue of theft of water meter was also raised. The SMB had

expressed difficulty as the concerned personnel were yet to be released from

Page No.# 35/37

the Silchar AUWS&S Board as well as from the CPFO portal. The apprehension

regarding the penal measures for outstanding EPF was also highlighted. The

Committee had ultimately come to the following findings:

“From the above facts, figure & observations, the enquiry team is of

the opinion that the board did not envision the collection of water

tariff and whether it will be able to accommodate the additional

quantum of fund required for pay & wages after pay revision. There

are certain procedural lapses on the part of the Silchar A.U.W.S. & S.

Board in record keeping & furnishing of records. The team is of the

opinion that the entire tree of water connections under Silchar

A.U.W.S. & S. B. needs to be reassessed at the consumer level for the

actual picture of active and dormant water connection. Also, the

number of manpower engaged with the scheme may be reassessed

for optimum efficiency and economy and thus this enquiry team

concludes the exercise and rests its report to the authority.”

27. Though the petitioners appear to have been employed in a scheme under

the AUWS&S Board and the said scheme has been handed over to the Urban

Local Bodies, the scheme is pertaining to the water supply and sewerage. Such

scheme, by no stretch of imagination can be held to be a temporary or seasonal

scheme and on the contrary, is perennial in nature. A civil society cannot exist

without water supply and sewerage. The discharge of duties by the petitioners

earlier with the AUWS&S Board and after their transfer with the respective

Urban Local Bodies is not disputed. In view of the above, non-payment of

salaries to the petitioners for the services rendered by them cannot be held to

be a reasonable or fair by any standards. An employee is not expected to render

his service for gratis. Alongside the monthly salaries, there are ancillary issues

Page No.# 36/37

like CPF, Group Insurance etc. which are also required to be taken care of by the

employer. In fact, so far as the petitioners handed over to the SMB are

concerned, there is specific grievance of non-deduction of CPF and GSLI.

28. The learned counsel for the respondents have raised serious issues with

regard to the lack of funds. The Finance Department and the Department of

Housing Affairs have raised serious contention that the Municipalities have their

own revenue generating schemes and in fact, the scheme in question, namely,

water supply itself generates adequate revenue from the consumers and the

petitioners are themselves responsible for collection of such revenue. On the

plea raised by the SMB that there is a shortfall in the collection of revenue, the

two Departments aforesaid have taken a stand that the issue is to be sorted out

by the Municipal Boards and the Departments or the Government cannot be

saddled with any burden. The Departments have also blamed the petitioners for

the shortfall in revenue collection. As mentioned above, the learned counsel for

the Departments have also relied upon the provisions of the Constitution of

India as well as Assam Municipal Act.

29. Though the responsibility of payment of salaries of the persons rendering

service in the Municipal Board is primarily of the Board, the shortfall in collection

of revenue cannot withstand the claim and entitlement for monthly salaries of

such persons. At the same time, this Court cannot be oblivious of the

responsibilities of the Municipal Boards and the petitioners themselves in respect

of collection of the optimum revenue in accordance with law pertaining to water

supply. As observed above, it is the specific contention of the learned counsel

for the respondents as well as the materials placed on record which would show

that the revenue generated for water supply is much below the estimated

amount. Therefore, if the petitioners are at fault by any omission or commission

Order downloaded on 04-08-2025 10:06:59 PMPage No.# 37/37

on their part for low revenue generation, they would not be absolved from any

steps / measures to be taken against them.

30. The present employer, namely, the Local Urban Bodies where the

petitioners’ services have been handed over are accordingly directed to

immediately release the pending salaries to the petitioners working in various

Municipal Boards and also to ensure payment of current salaries on time. For

the said purpose, the Municipal Boards can take necessary financial assistance

from the State Government as grants-in-aid in view of the Constitutional

provision, as mentioned above and in the said aspect, the State Government is

directed to consider and grant such financial aid in accordance with law. The

State Government in the Housing and Urban Affairs Department as well as the

Finance Department are also directed to play an active role for an overall and

lasting resolution of the issue of payment of salaries. The said Departments may

also cause enquiry into the aspect of shortfall in collection of revenue from the

Water Supplies Scheme and depending on the outcome of the same, take

necessary steps to redress the issue including taking penal action against any

erring personnel including any of the petitioners, if found to be at fault. The

findings of the Committee constituted vide order dated 11.10.2023 of this Court

in these writ petitions, as forwarded vide communication dated 17.02.2024 to

the District Commissioner, Cachar may also be taken into account.

31. The writ petitions accordingly stand disposed of.

32. No order as to cost.

JUDGE

Comparing Assistant