Page No.# 1/3 GAHC010031592024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1132/2024 ABDUL MATLIB LASKAR AND 3 ORS S/O LATE MONTESSOR ALI LASKAR, P.O. AND VILLAGE- APPIN PART-II, DIST- HAILAKANDI, ASSAM, PIN-788161 2: SAJAL KUMAR DAS WORKING UNDER PUBLIC HEALTH ENGINEERING DIVISION HAILAKANDI P.O. AND DIST- HAILAKANDI ASSAM 3: NIRMALENDU DAS WORKING UNDER PUBLIC HEALTH ENGINEERING DIVISION HAILAKANDI P.O. AND DIST- HAILAKANDI ASSAM 4: TAPASH BHATTACHARJEE WORKING UNDER PUBLIC HEALTH ENGINEERING DIVISION HAILAKANDI P.O. AND DIST- HAILAKANDI ASSA VERSUS THE STATE OF ASSAM AND 2 ORS TO BE REPRESENTED BY SECRETARY TO THE GOVT. OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR, GUWHAATI-781006 2:CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT HENGRABARI GUWAHATI-781036 3:EXECUTIVE ENGINEER Page No.# 2/3 PUBLIC HEALTH ENGINEERING DIVISION HAILAKANDI PIN-78815 Advocate for the Petitioner : MR. N H MAZARBHUIYAN, MR R I BHUYAN,MR. M H SAIKIA,MS. L WAJEEDA Advocate for the Respondent : SC, P H E, BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 18.08.2025 Heard Ms. L. Wajeeda, learned counsel appearing for the petitioners. Also heard Mr. R. R. Gogoi, learned standing counsel appearing for the PHE Department. By way of this petition under Article 226 of the Constitution of India, the petitioners are seeking disposal of the representations dated 17.07.2016, 07.07.2021 and 28.06.2023, submitted for regularizing their services as done to similarly situated persons. Ms. L. Wajeeda, learned counsel appearing for the petitioners, submits that the petitioners having rendered continuous services and having put in several years of service as work charged employees and they have been given the regular scale of pay, their services should be deemed to have been regularized, and subsequently they are entitled to a pension. It is submitted at the bar that the issue in the writ petition is squarely covered by paragraphs 15 and 16 of the judgment and order dated 20.06.2024 rendered by the co-ordinate bench of this court in Page No.# 3/3 WP(C) No.6582/2023, wherein paragraphs 15 and 16 reads as under: “15. Be that as it may, a specific issue was raised before the Division Bench of this Court in Upen Das (Supra) as to whether Muster Roll Workers/ Work charged employees are entitled to pension. This has been negated by the Judgment of the Division Bench of this Court in Upen Das(Supra). The same is therefore binding on this Court. The learned counsel for the petitioners have also placed before this Court an order passed in respect of other similarly situated worked charge employees who have been considered to be eligible for grant of pension by the Department. Copy of such order is available in this writ petition. The respondents did not file any affidavit in response to such averments nor have they disputed the correctness of the order issued by the competent department. 16. Under such circumstances, this Court is of the view that if other worked charge employees working in other or similarly situated departments are extended the benefit of pension then the cases of the writ petitioners may also be considered for grant of such benefits by the Government.” Reading the aforesaid vis-a-vis, the endorsement made by the learned counsels at the bar, this court, in the interest of justice, deems it appropriate, to disposed of the instant writ petition in terms of paragraph 16 of the aforesaid judgment. Ordered accordingly. Resultantly, the writ petition stands disposed of. JUDGE Comparing Assistant