Page No.# 1/15 GAHC010109412023 2026:GAU-AS:12248 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2893/2023 SAIDUR RAHMAN BARBHUIYA AND 2 ORS. S/O HAZI FAKAR UDDIN BARBHUIYA R/O VILL. MOHANPUR PART I P.O. ALGAPUR PART V DIST. HAILAKANDI ASSAM 2: ISLAM UDDIN LASKAR S/O LT AZIR UDDIN LASKAR R/O VILL. UTTARKANCHANPUR PART II P.S. PANCHGARAM DIST. HAILAKANDI ASSAM 3: SUFIAN AHMED S/O AFTAB UDDIN R/O H.NO. 512 PANCHGRAM P.O. PANCHGARM AND DIS. HAILAKANDI ASSA VERSUS THE STATE OF ASSAM AND 7 ORS. REP.BY THE SECRETARY TO THE GOVT. FO ASSAM INDUSTRIES COMMERCE AND PUBLIC ENTERPRISE DEPTT. DISPUR GUWAHATI 6 2:THE COMMISSIONER INDUSTRIES COMMERCE ASSAM UDYOG BHAWAN BAMUNIMAIDAM GUWAHATI 21 3:THE MANAGING DIRECTOR ASSAM INDUSTRIAL DEVELOPMENT CORPORATION LTD. R.G. BARUAH ROAD GUWAHATI 24 4:THE SECRETARY TO THE GOVT. OF ASSAM SKILL EMPLOYMENT AND ENTREPRENEURSHIP DEPTT. DISPUR GUWAHATI 6 5:THE DIRECTOR OF EMPLOYMENT AND CRAFTMEN TRAINING ASSAM Page No.# 2/15 REHABARI GUWAHATI 8 6:THE SUPERINTENDENT ITI MORIGAON P.O. P.S. AND DIST. MORIGAON ASSAM 7:THE SUPERINTENDENT ITI GUWAHATI DIST. KAMRUP M ASSAM 8:THE DEPUTY COMMISSIONER HAILAKANDI P.O. PS. AND DIST. HAILAKANDI ASSAM 9:THE GENERAL MANAGER DISTRICT INDUSTRIES AND COMMERCE CENTRE HOJAI P.O. P.S. AND DIST. HOJAI ASSA Advocate for the Petitioner : MR. Y S MANNAN, MR F A LASKAR,MS N DEKARAJA Advocate for the Respondent : GA, ASSAM, MR D DEKA (R-3),MR S P DAS (r-4 to 7),MR. J K GOSWAMI (r-3),SC, INDUSTRIES AND COMMERCE BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 25/08/2026 Heard Mr. Y S Mannan, learned counsel for the petitioners. Also heard Mr. J K Goswami, learned Additional Senior Government Advocate, appearing for the respondent Nos. 1, 2, 8 & 9, Mr. D Deka, learned counsel, appearing for the respondent No. 3 and Mr. S P Das, learned counsel, appearing for the respondent Nos. 4 to 7. 2. The petitioners by way of instituting the present writ petition, have prayed for the following reliefs: Page No.# 3/15 “In the premises aforesaid, it is most respectfully, prayed that Your Lordships may graciously be pleased to admit this petition, call for the records and issue Rule calling upon the respondents to show-cause as to why a writ in the nature of mandamus and/or certiorari and/or any other appropriate writ, order or direction shall not be issued commanding the respondents to appoint the petitioners in Grade-III posts, in the respective departments or any other Departments of the Government of Assam as per their qualification in view of the Clause (4) of the Minutes of the Meeting dated 28/9/2021 and/or modify /review/reconsider the appointment orders of the petitioners by appointing the petitioners in a suitable posts as per their qualification and/or direct the respondents to act upon the Clause (4) of the Minutes of the Meeting dated 28/9/2021 in respect of appointment to the Ex-employees of Hindustan Paper Corporation Ltd. as per their qualification at the entry level for the interest of justice and after hearing the parties and on perusal of records, Your Lordships would be further pleased to make the rule absolute as prayed for and/or pass such further or other order or orders as your Lordships may deem fit and proper considering the facts and circumstances of the case.” 3. The facts requisite for adjudication of the issue arising in the present writ petition, is noticed as under. The petitioners were initially engaged, w.e.f. 05.07.2007 as Operation and Maintenance Workers (Trainee) in the Cachar Paper Mill. After completion of the prescribed period of training, they were vide an order dated 20.03.2019, w.e.f. 17.01.2009, appointed as Operation & Maintenance Worker (O&M) at Cachar Paper Mill, Panchgram, Hailakandi. The said Cachar Paper Mill, was set up in the year 1988 as a Unit of the Hindustan Paper Corporation Limited. Thereafter, w.e.f. October, 2015, the said Page No.# 4/15 Paper Mill had become non-functional on account of various reasons, such as, huge losses, shortage of bamboo, non-availability of other raw materials. The efforts undertaken for reviving the said Mill having not resulted in a success, the said Mill had gone into a process of liquidation. On 28.03.2022, the assets of the said Paper Mill were taken over by the Government of Assam. Considering the faith of the workers in the said Paper Mill, a process of discussion ensued between the Government of Assam as well as the various Unions and Associations of officials and employees of the said Paper Mill. In terms of the minutes of a meeting held on 28.09.2021, several decisions came to be adopted. One of the decisions so adopted in the said meeting was to the effect that the Government of Assam would provide for permanent absorption to 100 (hundred) young officers and workers of the said Paper Mill, against posts identified in various departments of the Government of Assam at the entry level, subject to the qualifications possessed by such identified officers and workers of the said Paper Mill. It was further provided that the Government would condone the upper age limit and effect the said appointments by undertaking a Special Recruitment Drive. It was also decided that in the event, the shortlisted officer/worker does not wish to take up the Government job, the other reliefs as decided to be provided for such category of workers, would be extended to the person concerned. Accordingly, a process of identification of the eligible workers was carried out and 66 nos. of officers and workers came to be shortlisted for their engagement against posts in various Government Departments. Accordingly, vide a communication dated 31.08.2022, 66 posts against which the shortlisted Page No.# 5/15 employees of the erstwhile Nagaon Paper Mill and Cachar Paper Mill would be accommodated was set out. Thereafter, the said process was taken forward and the petitioner No. 1 was vide order dated 17.09.2022, provisionally appointed as Workshop Attendant/Store Attendant in the establishment of the Superintendent, Industrial Training Institute, Morigaon. The petitioner No. 2, was appointed vide an order dated 05.09.2022, as a Grade-IV employee against an identified post in the establishment of the General Manager, District Industries & Commerce Center, Hojai. Likewise, the petitioner No. 3, was vide an order dated 17.09.2022, provisionally appointed as a Workshop Attendant/Store Attendant in the establishment of the Senior Principal, Industrial Training Institute, Guwahati. The petitioners, thereafter, accepting the appointment orders issued to them, proceeded to join against their respective posts. The petitioners, after joining their services, proceeded vide a communication dated 07.09.2022, to make a prayer before the highest executive of the State for reconsideration in their cases with regard to the posts against which they were so appointed. The petitioners in the said representation had projected that although, they had higher qualifications, they were, however, considered for appointment against Grade-IV posts. The petitioners accordingly, prayed for their absorption against Grade-III posts. The petitioners, thereafter, approached the respondent authorities at regular intervals, reiterating their prayer for a reconsideration, with regard to the posts against which they were so appointed and for effecting their such appointment against Group-III posts, considering the qualifications possessed by them. The prayers made by the petitioners not being favourably considered, the petitioners have instituted the present writ petition. Page No.# 6/15 4. Mr. Y S Mannan, learned counsel for the petitioners, by referring to the minutes of the meeting dated 28.09.2021, has submitted that the decision of the Government for accommodating eligible officials/workers of the erstwhile Nagaon Paper Mill and Cachar Paper Mill, against posts identified for the purpose, was decided to be so carried out by reckoning the qualifications possessed by each of the shortlisted candidates, including the petitioners, herein, against entry level posts, by taking up a Special Recruitment Drive. 4.1 It is projected by Mr. Mannan, learned counsel for the petitioners that although, the decision was to appoint persons against the identified posts by reckoning their individual qualifications, the qualifications possessed by the petitioners, herein, were not given any credence and the petitioners came to be appointed against Grade-IV posts, although, the petitioners in view of the qualification possessed by them, were entitled to be so accommodated against Grade-III posts. 4.2 Mr. Mannan, learned counsel for the petitioners has submitted that in the process of effecting appointments against the indentified posts, persons with lower qualifications came to be so accommodated against higher grade posts and the petitioners although, having higher qualifications, were denied such consideration, for appointment against posts commensurating to their such qualification. 4.3 Mr. Mannan, learned counsel for the petitioners, accordingly, projects that a discrimination was meted out to the petitioners, herein, in the matter of consideration of their cases for appointment against posts commensurating to their respective educational qualifications. Page No.# 7/15 4.4 Mr. Mannan, learned counsel for the petitioners has further submitted that in the present proceedings, the petitioners are not praying for upgradation of their posts, but are praying for a direction upon the authorities for a reconsideration of the initial decision arrived at by the respondent authorities, for appointing them, against Grade-IV posts. It is further submitted that on such reconsideration, if it is found that the petitioners were eligible for engagement against Group-C posts, to appoint the petitioners accordingly, with retrospective effect, in the light of the stipulations made in Clause-4 of the Minutes of the meeting dated 28.09.2021. 4.5 Mr. Mannan, has further submitted that the respondent authorities had selectively accepted requests made by persons similarly situated like the petitioners, for appointment against posts higher, than that they were initially appointed, by reckoning the qualification possessed by them. Mr. Mannan, further submits that such consideration was however denied to the petitioners. 4.6 In the above premises, Mr. Mannan, learned counsel for the petitioners submits that a direction is mandated to be issued to the respondent authorities for a reconsideration of the orders issued in respect of each of the petitioners, appointing them against Grade-IV posts and for consideration of their cases against higher posts, commensurating to their respective educational qualifications, strictly in terms of the provisions of Clause-4 of the minutes of the meeting held on 28.09.2021. 5. Per contra, Mr. J K Goswami, learned Additional Senior Government Advocate, submits that considering the fact that the employees of the erstwhile Nagaon Paper Mill and Cachar Paper Mill, were rendered jobless due to the closure of the Mills, the Government of Assam had formulated a relief package Page No.# 8/15 on humanitarian considerations for the sake of providing relief to such employees. In terms of the package, so decided to be extended to such employees, the Government of Assam had decided to provide jobs to eligible ex- employees of the said Mills. Accordingly, a Special Recruitment Drive, was conducted in terms of the decision, as contained in the minutes of the meeting dated 28.09.2021 and the lists of employees as submitted by the Association of the ex-employees and ex-workers of the said Mills was considered. The Assam Industrial Development Corporation, had forwarded a verified list of 85 nos. of ex-employees and ex-workers of the said Mills, as received from the jurisdictional Deputy Commissioners. 5.1 It is submitted that the appointments effected in respect of the petitioners and other eligible ex-employees was so done on sympathetic grounds and not out of compulsion on account of any statutory prescription holding the field in this connection. 5.2 Mr. Goswami, learned Additional Senior Government Advocate, further submits that the petitioners in the present writ petition on an appreciation of the qualifications possessed by them, were considered for appointment against Grade-IV posts and appointment orders accordingly came to be issued in respect of each of them. It is submitted that the cases of all the employees so nominated for appointment in terms of the decision as contained in the minutes of the meeting dated 28.09.2021, were scrutinized by the Screening Committees constituted in the matter and the identification of posts for each one of them was so made strictly in accordance with the availability of posts as well as the qualification possessed by such candidates, including the petitioners, herein. 6. Mr. D Deka, learned counsel, appearing for the respondent No. 3, by Page No.# 9/15 reiterating the submissions made by Mr. J K Goswami, learned Additional Senior Government Advocate, has submitted that the AIDC authorities had carried out a due process of verification with regard to the list of candidates, as submitted to it in the matter by the jurisdictional Deputy Commissioners. It was further submitted that reckoning the qualification possessed by the petitioners, the posts against which they could be accommodated was identified and basing on such identification, the concerned Departments had issued the orders towards appointing the petitioners. He submits that the petitioners having accepted the appointments effected in their respective cases, although, they were not mandated to accept such appointment, now cannot be permitted to resile back from said position and claim appointments against higher Grade posts. He submits that in terms of the minutes of the decision, arrived at in the meeting held on 28.09.2021, a monetary package was also finalized for the employees of the said Paper Mills. The decision to offer appointment to eligible personnel of the erstwhile Mills, was so arrived at in addition to the financial package already prepared for the employees of the said Mills. 6.1 Mr. Deka, learned counsel, appearing for the respondent No. 3, submits that in Clause-4 of the minutes of the said meeting held on 28.09.2021, wherein, the decision to provide employment to eligible officers and workers of the Mill is contained, a further stipulation is made to the effect that if any officer/worker does not wish to take up Government job, he/she would be provided the benefits under Clause-3 of the said minutes of the meeting dated 28.09.2021. Accordingly, Mr. Deka, submits that in the event, the petitioners were not satisfied with the posts against which they were offered appointment, it was open to the petitioners to refuse the said appointment and receive the monetary package, as extended vide Clause-3, of the said minutes of the Page No.# 10/15 meeting held on 28.09.2021. 7. Mr. S P Das, learned counsel, appearing for the respondent Nos. 4 to 7, has submitted that the appointment in respect of the petitioner No. 1 & 3, was so effected in an establishments functioning under the Directorate of Employment and Craftsmen Training, in terms of the decision already arrived at by the Government in this connection and the Directorate of Employment and Craftsmen training had no role in the identification of the posts against which the petitioner Nos. 1 & 3 were so appointed. 8. I have heard the learned counsel for the parties and also perused the materials available on record. 9. The Cachar Paper Mill and Nagaon Paper Mill, having been closed down, a meeting was held between the Government of Assam and the representatives of all Unions and Associations of the Hindustan Paper Corporation Limited, which was under liquidation, on 28.09.2021. Accordingly, a decision was arrived at to extend to the workers and employees of the erstwhile Hindustan Paper Corporation Limited, a monetary package. The monetary package finalized was so set out in Clause-3 of the minutes of the meeting held on 28.09.2021. In terms of the discussion held in the matter, the Government of Assam had also decided to provide permanent Government job to 100 (hundred) young officers and workers of the erstwhile Paper Mills, in terms of their qualification, against entry level posts, by condoning the upper age limit and for the purpose, undertaking a Special Recruitment Drive. It was provided that the list of officers and workers for the purpose, would be prepared by the Associations and Unions in the order of youngest to oldest. It was further provided in the said decision that in the event any officer/employee do not wish to take up the Government Page No.# 11/15 job so would be now offered to him, he/she would be entitled only to the benefits as contained in Clause-3 of the minutes of the said meeting held on 28.09.2021. 10. Clause-3 & 4 of the minutes of the said meeting held on 28.09.2021, being relevant, are extracted hereinbelow: “For assessment of the quantum of relief to be given to the workers and employees of HPC Ltd the following claims will be taken into consideration: a) PF, Gratuity and Pension (as claimed by RPFC)-full payment. b) Salary and other dues of workers and employees from the date of non- payment of salaries to the date of commencement of the liquidation process. Salary will be directly transferred in the bank accounts of the employees and workers after verification by the DC concerned. c) Govt. of Assam will provide a gratuitous relief to the cooperative contractual workers engaged by the HPC Ltd to ensure that they get minimum subsistence. d) Claims of LIC premium and home loan EMI deducted from salary submitted by the employees and workers of HPC Ltd would be paid by the Govt. of Assam subject to admission by the liquidator. e) All categories of employees who have already attained the age of 58 years would be provided pension amount through respective PF Commissioner at Guwahati & Kolkata which was deducted from their salaries but not deposited. f) Govt. of Assam will also provide relief to the extent of 24 months' salary, PF, gratuity and the pension which was deducted from their salary to the teachers of nursery, L.P. and High School located in Jagiroad and Panchgram as part of general relief on the basis of the claims admitted by the Liquidator as on the date of commencement of liquidation. Page No.# 12/15 g) Govt. of Assam will provide permanent Govt. jobs to the Doctors, ANM, and other para medical staff of health establishment of HPC, at the entry level in the state Government. Contractual doctors, ANM and other para medical staff will be engaged under NHM on contractual basis. They will not be provided any other relief under the proposal. 4. Govt. of Assam will provide permanent Govt. jobs to 100 young officers and workers as per their qualification, at the entry level and equivalent to the pay scale in the state Govt. against the appropriate post, by condoning the upper age limit and taking up Special Recruitment Drive. They will be provided PF, gratuity, pension and other statutory dues but not salary. The list of officers and workers will be prepared by the associations and unions in the order of youngest to the oldest. However if any officer/worker does not wish to take up Govt. job, he/she will be provided all the benefits under the relief.” 11. On a perusal of the decision as contained in Clause-4 of the minutes of the meeting held on 28.09.2021, this Court finds that the said decision, was arrived at basing on humanitarian considerations and was not one so taken basing on any statutory prescription existing in this connection. This Court finds that after the said decision, a list of employees/officials of the said Paper Mills was furnished by the respective Unions/Association of the employees/officials of the said Paper Mills. The names of the employees/officials so furnished by the respective Unions, also contained the names of the petitioners, herein. The list of employees so furnished by the Association/Unions, also contained the posts against which such employees were working in the erstwhile Mills, along with the qualification possessed by them. With regard to the petitioner No. 1, in the said list so prepared, he was denoted to be an O&M worker having an ITI qualification, along with a National Apprenticeship Certificate. The petitioner No. 2, was also denoted as an O&M worker in the said list with an ITI qualification. Page No.# 13/15 Similarly, the petitioner No. 3, was also denoted as an O&M worker with a Graduate Qualification with B.Ed. Degree, along with an ITI qualification and a National Apprenticeship Certificate. The cases of the petitioners were, thereafter, considered with the said stipulation, as regards the posts held by them and also the qualifications possessed by them, as disclosed in the said list. 12. Accordingly, on a consideration being so made, this Court finds that the petitioners were, thereafter, shortlisted for appointment against the posts now identified for the purpose vide a communication dated 31.08.2022. The petitioner Nos. 1 & 3 were so identified for appointment against posts identified in the Skill, Employment & Entrepreneurship Department, while the petitioner No. 2 was so identified for appointment against a post in the Industries, Commerce & Public Enterprise Department. 13. In the said communication dated 31.08.2022, it was also specified that the qualification of the persons concerned should be equal or more than the qualification prescribed for the posts against which they were to be so appointed. Accordingly, the petitioners were issued with the appointment orders by the concerned department and they had accepted their such appointments without any objection. It is only after joining by the petitioners against the posts, they were so appointed that the petitioners, herein, had raised an issue with regard to they being not appointed against the posts commensurating to their respective educational qualifications. 14. From the materials brought on record, this Court finds that at least in respect of the petitioner No. 3, he had a Graduate qualification, although, his appointment in the erstwhile Mill is found to be so effected against a technical post basing on his ITI qualification. Page No.# 14/15 15. As noticed hereinabove, the appointments effected in respect of the petitioners, herein, were so effected basing on a decision arrived at in the matter by the Government of Assam, basing on humanitarian consideration. The appointments were not so effected basing on any statutory prescription holding the field, mandating consideration of the cases of the petitioners and other similarly situated employees of the erstwhile Paper Mills in a particular manner. The appointment effected in respect of the petitioners in the considered view of this Court, was on compassionate grounds and the petitioners having been extended with an appointment, basing on such compassion, cannot after accepting such appointment be permitted to raise a dispute with regard to the fact that they were so appointed against posts not commensurating to their respective educational qualifications. 16. Considering the background in which the said appointments were extended to the petitioners, this Court finds that the same was an one time concession meant to provide subsistence to the employees of the erstwhile Paper Mills, pursuant to the closure of the said Mills. The said compassion extended cannot be held to be one of endless compassion, so as to also mandate an upgradation of the posts offered to the petitioners in the present writ petition. The projected qualifications of the petitioners by itself will not entitle them to claim a higher post than the one offered and in the event, the petitioners had found the posts so offered to them to be not acceptable, they were free to decline it, but after having accepted such appointment, it will be not open to the petitioners to seek retrospective elevation to a higher post. The Government while effecting the said appointments had a limited number of posts for the purpose and accordingly, no right of the petitioners is found to have been infringed with, on they being offered appointment against the Page No.# 15/15 identified posts. 17. The decision as contained in Clause-4 of the minutes of the meeting dated 28.09.2021 stipulates that in the event, the appointment offered is not found to be acceptable by the person concerned, he would still be entitled to the benefits under Clause-3. Accordingly, in the event the petitioners, herein, were not desirous to accept the appointments offered to them, in terms of the policy decision arrived at in the matter, it was open to the petitioners to not accept the said appointments and accept the monetary package as provided for in Clause-3 of the minutes of the meeting held on 28.09.2021. However, having accepted the appointments offered to them, this Court in the facts and circumstances of the matter, is of the considered view that no further liberty is available to the petitioners to claim that such appointments be now effected against higher grade post. 18. In view of the above discussion, this Court is of the considered view that the claims made by the petitioners in the present writ petition would not mandate an acceptance and accordingly, the writ petition is held to be devoid of any merit and the same stands dismissed. However, there would be no order as to cost. JUDGE Comparing Assistant