JUDGMENT : SOUMITRA SAIKIA, J. Heard Mr. G.N. Sahewalla, learned Senior Counsel assisted by Ms. T.J. Sahewalla, learned counsel for the petitioner. Also heard Mr. A. Chakrabarty, learned Government Advocate for the respondents Nos. 1 & 2; and Mr. A.R. Pal, learned counsel for the respondents Nos. 3 and 4. 2. The writ petitioners are the employees under the Narayanpur Municipal Board. They are serving as LDA and Grade IV employee since their date of appointments. In terms of the Assam Municipal Employees (Provincialisation) Act of 2025, the petitioners are entitled to be provincialised in their posts. The petitioners are required to be provincialised under section 4 of the Act of 2025. The Municipal Board forwarded the names of all the employees with a proposal to the Government for provincialisation of their services under the Act of 2025. However, the names of the petitioners were inadvertently left out. Being aggrieved, the writ petitioners are before this Court. 3. Pursuant to issuance of notice, the Chairman of the Municipal Board has filed their affidavit, wherein they do not dispute the fact that the petitioners are in regular service and states that the crucial date for their eligibility for provincialisation is 04.09.2013. However, in the affidavit it is stated that the names of the petitioners were inadvertently left out from the list which was forwarded to the Government for provincialisation. 4. During the pendency of the writ petition, this Court by order dated 25.02.2026 directed the Narayanpur Municipal Board to place the correct position before the Director of Municipal Administration with regard to the number as well as the names of the employees of the Board, eligible for having their services provincialized under the provisions of the Assam Municipal Employees (Provincialisation) Act, 2025. 5. In deference to the said order, by communication dated 10.03.2026, the Executive Officer of the Narayanpur Municipal Board has forwarded the list to the Director, Directorate of Municipal Administration, Assam the list of 15 numbers of employees including the names of the writ petitioners at Serial Nos. 9 & 10 of the said list. 6. Mr. A. Chakrabarty, learned Government Advocate submits that in terms of the proposals received from the various Municipal Boards, 1044 posts are sanctioned for provincialisation of Urban Local Bodies' Employees and accordingly, the steps are being undertaken for provincialisation of these employees. 9 & 10 of the said list. 6. Mr. A. Chakrabarty, learned Government Advocate submits that in terms of the proposals received from the various Municipal Boards, 1044 posts are sanctioned for provincialisation of Urban Local Bodies' Employees and accordingly, the steps are being undertaken for provincialisation of these employees. He however, submits that insofar as the writ petitioners are concerned, appropriate sanction or approval is to be undertaken from the department before any steps can be undertaken for provincialisation of the writ petitioners as prayed for. 7. The Assam Municipal Employees (Provincialisation) Act, 2025 was enacted on 16.06.2025. The Section 3 of the said Act of 2025 provides the categories of employees who are eligible for being considered for provincialisation of services.The said Section 3 reads as under: “3. (1) The following categories of employees shall be eligible for being consideredfor provincilisation of services, namely: - (i) he or she is an employee of the Board recruited on or before 4 th September, 2013.; (ii) he or she is a citizen of India; (iii) he or she is of sound mental or physical health; (iv) there are no disciplinary or criminal proceedings pending or proven against the employee; (v) he or she is not insolvent and is not convicted of a criminal offence involving moral turpitude.” 8. The Section 4 of the said Act of 2025 prescribes for provincialisation of employees of the municipalities under the State and Section 5 of the said Act of 2025 prescribes for creation of personal posts by the Government, which will be ex-cadre posts for the purpose of provincialisation of the services of the Urban Local Bodies Employees like the writ petitioners. These ex-cadre posts will be personal posts which shall stand abolished on cessation of the services of the employees concerned. The Section 4 and 5 are also extracted below: “4. These ex-cadre posts will be personal posts which shall stand abolished on cessation of the services of the employees concerned. The Section 4 and 5 are also extracted below: “4. Subject to the fulfillment of all other provisions of this Act, the services of the employees of Municipal Board, eligible under section 3 shall be deemed to have been provincialised on and from the appointed day and they shall become employees of the State Government from the said date of appointed day of the Act on the following terms and conditions:- (i) All rules including service rule and rules of conduct and discipline and appeal which are applicable to Government servants of corresponding ranks, shall be applicable to Employees of the Municipal Board. (ii) All employees whose services have been provincialised under this Act shall get full scale of pay as per Schedule with such emoluments as salary and allowances applicable to the Government employees of the corresponding rank with effect from the date of provincialisation of their services, as if they are fresh appointees and they cannot claim any benefit whatsoever in respect of past services rendered by them before provincialisation and in respect of pension, they shall be governed by the new pension scheme applicable to State Government employees of the corresponding rank. There shall be a provision of annual increment as per norms of the State Government. (iii) The employees, who have completed sixty-years of age as on date of coming into force of this Act shall be deemed to have retired with effect from that date and they shall have no claim whatsoever from the State Government as regards their pay, allowances and benefits for services already rendered by them before the date of provincialisation. (iv) The scope of work and other conditions of service of the employees shall be as may be prescribed. (v) The employees provincialised under this Act shall hold personal posts to be created for provincialisation of their services. These posts shall be created in the Directorate of Municipal Administration and shall stand abolished on cessation of services of the concerned employees, due to retirement, death, resignation or any other reason whatsoever. (vi) The employees shall have the option to choose whether they shall continue with their existing employment system or they intend to come under the provincialisation of the services provided under the Act. 5. (vi) The employees shall have the option to choose whether they shall continue with their existing employment system or they intend to come under the provincialisation of the services provided under the Act. 5. For the purpose of provincialisation of services of Municipal Employees under this Act, the Government shall create and sanction such number of ex- cadre posts which shall be personal to the incumbents. These personal posts shall stand abolished on cessation of services of employees for any reason whatsoever including retirement, resignation, death, etc. since these are personal as well as ex-cadre post, the present cadre strength of the employees shall not be impacted in any way due to the creation of these posts.” 9. A conjoint reading of the provisions as extracted above, it seen that the Act of 2025 lays down the criteria for provincialisation of the Urban Local Bodies’ Employees. Insofar as the writ petitioners are concerned, they satisfy the criteria laid down in Section 3(1). As on date, as per the information furnished in the writ petition and which is not disputed by the respondents, the petitioner No.1 is employed w.e.f. 25.01.2011 and the petitioner No.2 is employed w.e.f.16.03.2013. As such, they are both employed prior to the cut-off date of 4th of September 2013. There is no dispute that they are citizens of India and are sound mental or physical health. There is also no averment in the affidavit filed on behalf of the respondents that there are disciplinary or criminal proceedings pending against the petitioners and that they are insolvent or convicted of criminal offence involving moral turpitude at any point in time. Under such circumstances, upon the names being forwarded to the Director of Directorate of Municipal Administration, it is now incumbent on the State respondent to undertake the purpose reflected in the Act of 2025 for provincialisation of the services of the Urban Local Bodies’ Employees like the writ petitioners and where necessary, the Government is also bound to create personal posts, which will be ex-cadre posts and which will be abolished on the cessation of the services of the employees. 10 Under such circumstances, it is clear that the claims made by the writ petitioners are within the provisions of the Act of 2025. 10 Under such circumstances, it is clear that the claims made by the writ petitioners are within the provisions of the Act of 2025. The Municipal Board has undertaken the steps for forwarding the names of the persons along with all particular details to the Municipal Administration for undertaking the process for provincialisation. If the number of posts which are sanctioned by the Government falls short to accommodate the present petitioners, then the Government will undertake to create sufficient number of personal posts to accommodate the writ petitioners for the purposes of provincialisation. As per Section 5 of the Act of 2025, these posts will have to be sanctioned as an ex- cadre post and which will be personal to the incumbents and the same will be abolished on the cessation of services of such Urban Local Bodies’ Employees. In terms of the mandate of the Act of 2025, the respondent authorities are hereby directed to take all necessary steps for the provincialisation of the services of the writ petitioners, including calling for such particulars as may be required, sanctioning the requisite number of posts, and thereafter passing appropriate orders for provincialisation of the writ petitioners in accordance with the provisions of the Act of 2025. This process will be undertaken forthwith and the posts as directed will be created as expeditiously as possible within the outdoor limits of 120 days from the date of receipt of the certified copy of this order. 11. This writ petition is accordingly disposed of. 12. No order as to cost. Interim order, if any stands merged. Pending Interlocutory Application, if any is also disposed of.