WP(C)/787/2026 of SMT CHANDA CHAKRABORTY AND 14 ORS Vs THE STATE OF ASSAM AND ANR on 19 February 2026

ORDER

Date : 20.02.2026 Heard Mr. S. Borthakur, learned counsel appearing for the petitioners. Also heard Mr. D. Bora, learned Government Advocate appearing for the State respondent.

2. By filing the instant petition under Article 226 of the Constitution of India, the petitioners are seeking past retrospective benefits with effect from 06.02.2016 as Supervisor of the Social Welfare Department, Assam.

3. The case of the petitioners is that the petitioners were initially appointed as Supervisors on 06.02.2016 and subsequently, they have been regularized, however, benefits of regular appointments were not given to them from the initial date of their appointment.

4. It is submitted at the bar that similar issues have already been decided by this Court in WP(C) No. 7215/2018 and WP(C) No. 6798/2024 by judgment & order dated 20.06.2022 and 16.06.2025 respectively. The relevant portion of the judgment & order dated 20.06.2022 in WP(C) No. 7215/2018 reads as under: “19. As would appear from the affidavit-in-opposition that finally vide orders dated 16.08.2021 (or of nearby dates) the petitioners have been given the benefit of a regular appointment, this Court is of the opinion that such benefits are to be given retrospective effect from the date of their initial appointment made on 06.02.2016. Such retrospective effect would also include the balance of the monthly salaries which is to be calculated in terms of scale which the petitioners would have been otherwise paid and the arrears be released to them accordingly. All other benefits including fitment in the appropriate scale of pay, seniority etc. are also directed to be given to the petitioners. The aforesaid direction is given in view of the fact that there is no dispute with regard to the nature of the service discharged by the petitioners as Supervisors and are part of the same cadre of Supervisors which also includes regular appointee in the rest 75 % of the vacancies.

20. The writ petition accordingly stands allowed. The directions contained in the preceding paragraphs are to be complied with within a period of 60 days from today.”

5. Mr. D. Bora, learned Government Advocate appearing for the State respondent upon instructions from the office of the Director of Women and Child Development, Assam vide communication dated 19.02.2026, submits that the direction passed by this Court in WP(C) No. 7215/2018 and WP(C) No. 6798/2024 is squarely applicable to the context of the present case.

6. Considering that this Court has already granted such benefit with retrospective effect, which the learned counsel for the respondent fairly submits that such benefit also be extended to the petitioners, this Court, in the interest of justice, deems it appropriate to dispose of the writ petition by directing that since the petitioners have been given the benefit of regular appointment, such benefits are to be given retrospective effect from the date of their initial appointment made on 06.02.2016. Such retrospective effect would also include the balance of the monthly salaries, which is to be calculated in terms of the scale which the petitioners would have been otherwise paid and the arrears would be released to them accordingly. All other benefits including fitment in the appropriate scale of pay, seniority etc., are also directed to be given to the petitioners. Ordered accordingly.

7. The aforesaid directions are given in view of the fact that there is no dispute with regard to the nature of service discharged by the petitioners as supervisors and are part of the same cadre of supervisors, which also includes regular appointees in the rest 75% of the vacancies.

8. Accordingly, the writ petition stands allowed and disposed of.

9. The directions contained in the preceding paragraphs are to be complied within a period of 60 (sixty) days from today.

10. No order as to cost.

11. A copy of the communication dated 19.02.2026 is kept on record and marked as “X”. JUDGE Comparing Assistant