Page No.# 1/9 GAHC010115762023 2026:GAU-AS:10090 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3122/2023 SAHAB UDDIN BARBHUIYA S/O- JAMIR UDDIN BARBHUIYA, R/O- VILLAGE- BORKHOLA PART-I, P.O.- BORKHOLA, P.S.- BORKHOLA, DISTRICT- CACHAR, ASSAM, PIN- 788110. VERSUS THE STATE OF ASSAM AND 3 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SOCIAL WELFARE DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DIRECTOR SOCIAL WELFARE ASSAM BAL BHAWAN UZANBAZAR GUWAHATI-1. 3:THE DISTRICT SOCIAL WELFARE OFFICER CACHAR SILCHAR P.O.- SILCHAR DISTRICT- CACHAR ASSAM PIN- 788001. 4:THE CHILD DEVELOPMENT PROJECT OFFICER BORKHOLA ICDS PROJECT CACHAR P.O.- BORKHOLA DISTRICT- CACHAR ASSAM PIN- 788110 Advocate for the Petitioner : MR. P K ROYCHOUDHURY, MR REZABUL HOQUE,G UDDIN,MR H I CHOUDHURY Page No.# 2/9 Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 22.07.2026 Heard Ms. G. Goswami, learned Senior Counsel, assisted by Mr. H.I. Choudhury, learned counsel, appearing for the petitioner. Also heard Mr. D. Bora, learned Government Advocate, appearing for the State Respondents. 2. The petitioner in the present writ petition has prayed for a direction upon the Respondent Authorities to regularize his services against a Grade-IV post in the establishment of Child Development Project Officer (CDPO), Borkhola ICDS Project, Cachar, and also for authorizing to him his salaries w.e.f. July 2007. 3. As projected in the writ petition, the Respondent Authorities had set up the establishment of the CDPO, Borkhola ICDS Project, Cachar, in the month of July 2007, in a premises belonging to the elder brother of the petitioner. As the said establishment was being set up and a requirement arising for a person to perform the duties attached to a Grade-IV post, it is projected that the elder brother of the petitioner as well as people of the locality had made a demand for appointment of the petitioner in the establishment. Accordingly, it is projected that the petitioner was permitted to work as a Grade-IV staff. However, no Page No.# 3/9 formal engagement order was issued to the petitioner. In the present proceedings the engagement of the petitioner in the said establishment, is sought to be established through the certificates issued by the Respondent Authorities. As the petitioner was continuing in his said service, a Grade-IV post in the said establishment came to be put up for recruitment vide an advertisement dated 24.03.2014. The petitioner submitted his candidature against the said advertisement, however, the said recruitment process was not taken to its logical conclusion. The petitioner thereafter, submitted a representation on 06.09.2016, praying for consideration of his case for regularization of his services. The said representation was followed by a further representation dated 31.10.2022, wherein, the petitioner had prayed for regularization of his services by projecting that he was working in the establishment of the CDPO, Borkhola ICDS Project, Cachar, without any wages/honorarium, with the hope that his services would be regularized against a Grade-IV post available in the establishment. The said representations were followed by further representations on the same lines. It is further projected in the writ petition that the representations filed by the petitioner were forwarded by the CDPO, Borkhola ICDS project, to the Director Woman & Child Welfare, Assam. It is also projected in the writ petition that as and when the higher authorities had required submission of the particulars of the persons working in the establishment of the CDPO, Borkhola ICDS project, such Page No.# 4/9 particulars were forwarded by also incorporating the name of the petitioner and he was projected to be working temporarily as a Grade-IV staff on voluntary basis. The petitioner has further projected that a Grade-IV post in the establishment, where he was working, was again put up for recruitment in the month of March, 2023, however, the petitioner having crossed the upper age limit, he was not in a position to apply against the said post. Accordingly, the petitioner’s case for regularization of his services not having been so considered by the Respondent Authorities, the petitioner had instituted the present writ petition. 4. Ms. G. Goswami, learned Senior Counsel, by reiterating the facts and circumstances, noticed, hereinabove, has submitted that the petitioner has been rendering his services in the establishment of the CDPO, Borkhola ICDS Project, Cachar, since July 2007, without any break. She submits that the continuation of the petitioner in his services was on account of the need existing in the said establishment for a hand to perform the duties attached to a Grade-IV post, in absence of a regular incumbent against the said post. She submits that in view of the long period of service rendered by the petitioner which was with the approval of the Departmental authorities, he was entitled to have his services regularized. She submits that the petitioner by now, has also crossed the upper age limit for recruitment by way of direct recruitment against a Grade-IV post. Page No.# 5/9 5. Ms. G. Goswami, has submitted that although no formal engagement order was issued towards engaging the petitioner, herein, however the certificates issued to the petitioner by the Respondent Authorities, conclusively establishes the fact that the petitioner was continuously rendering his services in the said establishment. 6. Ms. G. Goswami, learned Senior Counsel, has further submitted that even in the particulars of the employees forwarded from time to time by CDPO, Borkhola ICDS project, Cachar, to the Departmental Authorities, the name of the petitioner was incorporated. Accordingly, she submits that the petitioner was all along considered to be a member of the service albeit on temporary basis 7. In the above premises, Ms. G. Goswami, submits that a direction is called upon to be issued to the Respondent Authorities to regularize the services of the petitioner. Ms. G. Goswami, further submits that the petitioner having rendered continuous services w.e.f. July 2007, it must be deemed that the same was with the approval of the Departmental Authorities and accordingly, the petitioner is required to be paid his wages for the services so rendered by him. She submits that the non-payment of the wages to the petitioner has the effect of requiring him to render forced labour, which is clearly in violation of the provisions of Article 23 of the Constitution of India. Accordingly, she submits that this Court would be pleased to direct the Respondent Authorities to authorize to the petitioner his due wages for the period of service rendered by him since July, Page No.# 6/9 2007. 8. Mr. D. Bora, learned Government Advocate, appearing for the State Respondents, has submitted that the petitioner was never engaged in the establishment of the CDPO, Borkhola ICDS Project, Cachar, by an authority of the Department. Mr. D. Bora, submits that from the materials available on record, it was found that the petitioner was rendering voluntary services in the said establishment. He submits that in pursuance to a recruitment exercise initiated in the year 2023, the vacant Grade-IV post that was available in the said establishment has already been filled up and an incumbent is working against the said post on a regular basis. 9. Mr. D. Bora, further submits that the petitioner, herein, not having been engaged by a Departmental Authority and he having rendered services voluntarily, he would not be entitled to claim any wages for such services being rendered by him. 10. In the above premises, Mr. D. Bora, submits that the claims made in the present writ petition would mandate an interference from this Court. 11. I have heard the learned counsel for the parties and also perused the materials available on record. 12. The petitioner is found to have been working in the establishment of the CDPO, Borkhola ICDS Project, Cachar, w.e.f. July 2007. There is no order Page No.# 7/9 engaging the petitioner in the said establishment. However, from the certificates as well as particulars of the employees which were being forwarded from time to time by the Respondent no.4, to the higher authorities, it is seen that the petitioner was infact working in the said establishment since July 2007. However, what is to be noted is that in the certificates brought on record in the writ petition as well as in the list of employees being forwarded by the Respondent no.4, from time to time, the petitioner is denoted to have been rendering servicing in the said establishment on voluntary basis 13. As noticed, hereinabove, the petitioner had joined his services only w.e.f July 2007. Even if it is construed that the petitioner was so engaged on casual basis, in view of the recent decision of the Hon’ble Supreme Court in the case of Sukhendu Bhattacharjee & Ors. Vs. State of Assam & Ors. [2026 INSC 523], no direction can be issued for consideration of the case of the petitioner for regularization of his services, inasmuch as, the Supreme Court, in the said decision had categorically laid down that the regularization of casual/muster roll/worked charged employees, would be permissible only in cases of such employees who were so engaged prior to 01.04.1993. The petitioner, herein, admittedly having been engaged only in the month of July 2007, the petitioner in view of the said decision of the Hon’ble Supreme Court, would not be entitled to have his services regularized. Accordingly, the prayer of the petitioner made in the present writ petition for a direction upon the Respondent Authorities to Page No.# 8/9 regularize his services would not mandate an acceptance from this Court and the said prayer accordingly, stands rejected. 14. Having drawn the said conclusions, this Court would now examine the further prayer of the petitioner for being authorized due wages for the services rendered by him w.e.f. the month of July 2007. Although, the respondents have projected that there was no order issued towards engaging the petitioner in the said establishment, this Court finds, from the materials brought on record, that the continuation of the petitioner in the said establishment was with the approval of the departmental authorities. The petitioner having rendered his services, even if it is to be deemed that such services were rendered on voluntary basis w.e.f 02.07.2007, in a Government institution, the petitioner cannot be denied his due wages for the period of service so rendered by him. 15. This Court is of the considered view that in the event, the petitioner is not authorized a wage for the services rendered by him, such services would tantamount to forced labour and would be in violation of the provisions of Article 23 of the Constitution of India. Accordingly, this Court having found the petitioner to be rendering services in the establishment CDPO, Borkhola ICDS project, Cachar, w.e.f. July, 2007, this Court holds that the petitioner is entitled to wags for such services rendered by him in the said establishment. 16. Accordingly, the petitioner is directed to submit a representation before the Director, Woman & Child Development, Assam, through the CDPO, Borkhola Page No.# 9/9 ICDS project, Cachar, staking a claim for being authorized wages for the period of service rendered by him w.e.f. July, 2007. The Director, Woman & Child Development, Assam, on receipt of such representation from the petitioner shall consider the same, and ascertain the exact period of service rendered by the petitioner in the said establishment, by also examining the contemporaneous records. Thereafter, the Director, Woman & Child Development, Assam, shall pass a speaking order and therein, determine the wage required to be paid to the petitioner either on a daily basis and/or on a monthly basis and thereafter, computing the arrears of such wages receivable by the petitioner, for the period of service as determined in his case w.e.f July 2007, release to the petitioner arrears, thereof. If the petitioner is found to be continuing in his service as on date, the petitioner shall be paid his due wages as determined by the Director, Woman & Child Development, Assam, till the petitioner services are so received by the Respondent Authorities. 17. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant