WP(C) 3124/2011 BEFORE HON’BLE MR JUSTICE I A ANSARI Heard Mr. K. K. Mahanta, learned Senior counsel, appearing on behalf of the writ petitioner, and Dr. B. Ahmed, learned Standing counsel, Department of Irrigatio n, Government of Assam, appearing on behalf of the State respondents. The grievance of the petitioner is that the petitioner is an association of seasonal power pump operators, under the Irrigation Department, Dhemaji Divi sion, and the association has 112 members. The petitioner association claims th at the members of the petitioner association have been working, under the Irriga tion Department, Dhemaji Division, as seasonal power pump operators since 1986, and that a proposal for regularization of their service was initiated in the yea r 1993, but the Government has not taken any decision in the matter yet. While considering the present writ petition, it needs to be noted that i f the very appointments of the members of the petitioner association, as seasona l power pump operators, were without holding any selection process against any n on-sanctioned posts, their appointment cannot be held to be legal and, consequen tly, their services do not deserve to be regularized, particularly, because no o pportunity was afforded to persons, similarly situated, to participate in the se lection process. However, if the petitioners came to be appointed, even as a se asonal power pump operators, following some selection process, it is within the domain of the State Government to consider if their services can be covered by c reating regular posts. Bearing in mind, therefore, what is indicated above, this writ petition is disposed of with direction to the respondents, particularly, respondent No. 1 , namely, Commissioner and Secretary to the Government of Assam, Irrigation Depa rtment, to examine the case of the petitioner association and take appropriate d ecision in the matter and communicate the decision, which may be taken in the ma tter, to the petitioner association. The whole exercise, directed hereinabove, shall be completed within a period of three months from the date of receipt of a copy of this order by the respondent No. 1, namely, Commissioner and Secretary to the Government of Assam, Irrigation Department. The petitioner may furnish to the respondent No. 1 a certified co py of this order along with a copy of this writ petition and annexure(s) thereto . If the petitioner association feels aggrieved by the decision(s), which may be t aken by the respondents, or by the order(s), which may be passed by the responde nts, the petitioner association shall remain at liberty to take recourse to appr opriate provisions of law, as may be permitted. This writ petition stands disposed of with the above observations and directions .