Gauhati High Court orders re-verification of muster roll workers

Staff Reporter

GUWAHATI: The Gauhati High Court (HC) directed the state Water Resources Department for a re-verification exercise with regard to the claim of the muster roll workers/work charged (MRW/WC) employees that they should be re-engaged as they have continuously been serving for five years, be done, and completed within a period of six months.

HC judge Justice Lanusungkum Jamir was hearing a case (WPC 5823/2021) where the petitioners claimed for re-engagement or re-appointment on the basis of the Office Memorandum, dated October 30, 2001, issued by the Principal Secretary to the Government of Assam, Finance Department, which provides that the MRW/WC employees who were engaged after April 1, 1993, and completed five years of continuous service as of January 24, 2001, shall only continue in their respective capacities, subject to proper verification of their engagements by the respective appointing authorities.

The petitioners, through their counsel, claimed that as they were engaged after April 1, 1993, and have completed five years’ of continuous service as of January 24, 2001, therefore, they should be re-engaged or re-appointed. The petitioners also annexed a report of the committee formed to examine the records of Muster Roll workers who fulfilled the criteria of five years of service under different divisions of the Water Resources Department. However, the court observed that the said report is dated November 19, 2008, which is prior in time to the order dated May 4, 2010, passed by this Court in WP(C) No. 560/2009, with a similar claim by petitioners similarly situated.

Moreover, the counsel for the Water Resources Department was unable to clarify before the Court as to whether any exercise has been taken by the Water Resources Department for verification of Muster Roll Workers, Work Charged, or Sectional Assistants after the order dated May 4, 2010, was passed.

As the court already observed that the report annexed with the additional affidavit is of the year 2008, the court, without entering into the merit of the case, stated it would be in the interest of justice to dispose of all the writ petitions by directing the respondent authorities in the Water Resources Department to have a re-verification with regard to the claim of the petitioners.

The court, therefore, ordered that such exercise be done and completed within a period of six months from the date of receipt of a certified copy of the order, and stated that thereafter, on completion of the exercise, the petitioners shall be intimated with regard to the outcome of such verification.

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