Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 14046 (GAU)

PRSANTA BARUAH v. THE STATE OF ASSAM AND 3 ORS

WP(C)/4918/2024 · 2026-09-08

Kardak Ete

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/6 GAHC010185772024 2026:GAU-AS:13135 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4918/2024 PRSANTA BARUAH SON OF SRI AJIT CHANDRA BARUAH, RESIDENT OF 2 NO. BARBIL, DIGBOI, P.O. AND P.S.- DIGBOI, IN THE DISTRICT OF TINSUKIA, ASSAM, PIN- 786171. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF FOREST, DISPUR, GUWAHATI- 781006. 2:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE ASSAM ARANYA BHAWAN PANJABARI GUWAHATI- 781037 IN THE DISTRICT OF KAMRUP(METRO) ASSAM. 3:THE CHIEF CONSERVATOR OF FORESTS EASTERN ASSAM CIRCLE JORHAT DISTRICT- JORHAT ASSAM. 4:THE DIVISIONAL FOREST OFFICER DIGBOI DIVISION DISTRICT- DIGBOI ASSAM Page No.# 2/6 Advocate for the Petitioner : MS. M D CHOWDHURY, MR N BARUAH Advocate for the Respondent : SC, FOREST, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 09-09-2026 Heard Ms. M. D. Chowdhury, learned counsel for the petitioner. Also heard Mr. R. R. Gogoi, learned Standing Counsel, Forest Department, for all the respondents. 2. By way of the present writ petition, the petitioner has sought for a direction upon the respondent authorities to consider his claim for regularisation of his service as Junior Assistant in the Office of the Divisional Forest Officer, Digboi Division. 3. The case of the petitioner in a nutshell is that he was initially engaged as a Computer Assistant on casual basis against a sanctioned post on 01.05.2006 in the Office of the Divisional Forest Officer, Digboi Division. It is stated that since then, he has been continuously rendering his services as Junior Assistant/Computer Assistant without any break and has been serving the Department for about 18 years. It is further stated that, besides discharging duties as Computer Assistant, the petitioner was also engaged as Account Assistant w.e.f. 10.10.2015 under the APFBC Society in Digboi Forest Division and was also entrusted with work relating to mapping of forest. Page No.# 3/6 4. It is further stated that the petitioner had repeatedly requested the respondent authorities for regularisation of his service and that the then Divisional Forest Officer, Digboi Division, had forwarded his application to the Principal Chief Conservator of Forests, Assam, vide letter dated 03.07.2007. The petitioner thereafter submitted a representation dated 01.07.2024 before the Principal Chief Conservator of Forests, Assam, through the Divisional Forest Officer, Digboi Division, seeking regularisation of his service. However, the said representation has not been considered till date. Being aggrieved thereby, the petitioner has approached this Court by way of the present writ petition. 5. Ms. Chowdhury, learned counsel for the petitioner submits that the petitioner has been continuously rendering his services since 2006 without any break and has been discharging the duties of Junior Assistant/Computer Assistant for about 18 years. Learned counsel submits that the petitioner possesses the requisite qualification and has been performing computer-related and other duties entrusted to him by the Department. It is further submitted that the petitioner has been working against a vacant post of Junior Assistant and that his services have been continuously utilised by the Department for all these years. 6. Learned counsel for the petitioner submits that, having regard to the petitioner’s long and uninterrupted service, the nature of duties continuously discharged by him and the fact that his services have been utilised by the Department for nearly two decades, his case for regularisation deserves consideration by the competent authority. It is submitted that the petitioner’s claim for regularisation had also been forwarded by the Divisional Forest Officer to the Principal Chief Page No.# 4/6 Conservator of Forests, Assam, vide letter dated 03.07.2007, but no decision was taken thereon. It is further submitted that the petitioner’s subsequent representation dated 01.07.2024 has also remained unattended. Learned counsel, therefore, submits that the respondent authorities ought to consider the petitioner’s case for regularisation, keeping in view the long length of service rendered by him. 7. Mr. Gogoi, learned Standing Counsel, Forest Department, for all the respondents, fairly submits that the writ petition can be disposed of with a direction to the competent respondent authority to consider the case of the petitioner in accordance with law. 8. I have considered the submissions advanced by learned counsel for the parties and have perused the materials available on record. 9. Admittedly, the petitioner has been rendering his services under the Forest Department since the year 2006 and has continued to discharge duties as Junior Assistant/Computer Assistant for a considerable length of time. The materials placed on record also indicate that his services have been utilised by the Department for different works during the period of his engagement. 10. The Hon’ble Supreme Court in Jaggo vs. Union of India & Ors., reported in 2024 SCC OnLine SC 3826, while considering the claim of long-serving employees, has taken note of the long and uninterrupted service rendered by the employees and the nature of duties performed by them. The Hon’ble Supreme Court has observed that such long and continuous service cannot be brushed aside merely by referring to the label attached to the initial engagement and that the nature of the work Page No.# 5/6 and the circumstances in which the engagement has continued are relevant considerations. 11. In the present case, the petitioner has continued to render his services for nearly two decades and his services have been utilised by the Department in the capacity of Junior Assistant/Computer Assistant and for other works. It is also borne out from the materials on record that the petitioner’s application for regularisation had been forwarded by the then Divisional Forest Officer, Digboi Division, to the Principal Chief Conservator of Forests, Assam, vide letter dated 03.07.2007. The petitioner’s subsequent representation dated 01.07.2024 has also remained unattended. In such circumstances, the petitioner’s claim merits consideration by the competent authority, having regard to the length of service rendered by him, the nature of duties discharged and the circumstances in which his engagement has continued. 12. In view of the above, Respondent No. 2, namely, the Principal Chief Conservator of Forests & Head of Forest Force, Assam, shall consider the claim of the petitioner for regularisation, including the application earlier forwarded by the Divisional Forest Officer, Digboi Division, vide letter dated 03.07.2007, as well as the petitioner’s subsequent representation dated 01.07.2024, in accordance with law. 13. While considering the petitioner’s claim, Respondent No. 2 shall take into consideration the length of service rendered by the petitioner, the nature of duties discharged by him, the circumstances of his engagement and the applicable rules and instructions governing regularisation, and shall pass a reasoned and speaking order. Page No.# 6/6 14. The aforesaid exercise shall be completed within a period of 3 (three) months from the date of receipt of a certified copy of this order. 15. It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner for regularisation, and the competent authority shall take an independent decision in accordance with law. 16. The writ petition stands disposed of, in terms above. JUDGE Comparing Assistant