Gauhati High Court
Page No.# 1/8 vs The State Of Assam And 21 Ors on 22 December, 2021
Page No.# 1/8
GAHC010218032021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7216/2021
BIJAYA LAHON AND 16 ORS.
C/O- MUNIN GOGOI
R/O-RAJGARH SARASWATI PHARMACHY, P.O- RAJGARH, DIST-
DIBRUGARH, ASSAM.
2: DEBA BALA TAMULI
C/O- BRAJEN DUTTA
VILL- RANGAIHABI GAON
P.O
CHALIHA
PIN-785004
DIST- JORHAT
ASSAM
3: DEVA PROVA PHUKON NEOG
C/O- DR ANANADA NEOG
R/O- SAMANNAY PATH
JAIL ROAD
DIST- JORHAT
4: JUNALI CHUTIA
C/O- RAHUL KUMAR DUTTA
TENGAKHAT MODEL HOSPITAL
DIST- DIBRUGARH
PIN-786103
5: HEMA PRAVA HAZARIKA
C/O- HARESWAR DAS
TEOK TELIA GAON
P.O- TEOK
DIST- JORHAT
Page No.# 2/8
PIN-785112
6: LABANYA DEVI
C/O- HARAKANTA DEKA
VILL- MORIGAON
P.O- MORIGAON
PIN-782105
7: PANCHAMI DEKA
D/O- LATE LAKHIRAM DEKA
VILL-CHENIGAON
P.O- GORESWAR
DIST- BAKSA
ASSAM
8: GUNAKANTI GOHAIN
C/O- DR. AMULYA KUMAR HAZARIKA
ANANDA NAGAR
BYE LANE-3
PRAGJYOTISH APARTMENT
DIST- KAMRUP
9: MINARBHA DAS
C/O- ARJUN THAKURIA
HENGRABARI LICHUBAGAN
P.O- HENGRABARI
DIST- KAMRUP
10: ARUNA SAIKIA
GMCH
P.O- INDRAPUR
DIST- KAMRUP
ASSAM
11: NAMITA PATHAK
W/O- MOTILALA DAS
VILL- GANDHI NAGAR
P.O- BARPETA
DIST- BARPETA
ASSAM
12: UPASANA SAIKIA
C/O-SANJAY DEKA
Page No.# 3/8
VILL- RADHAKUCHI
P.O- KARARA
P.S-BAIHATA CHARIALI
DIST- KAMRUP
ASSAM
13: SUWALA DEKA
C/O- DIPAK DAS
VILL- BARBARI VIP ROAD
SHIV NAGAR
P.O-- UDAYAN VIHAR
DIST- KAMRUP
ASSAM
14: PABITRA DEKA
W/O- DEBEN KALITA
R/O- SHIVALIK ENCLAVE
BRINDABAN PATH
RUPNAGAR
GHY
15: NIRALA DEKA
C/O- RAJANI KANTA DEKA
VILL- RUPNAGAR NEAR L.P SCHOOL
P.O- INDRAPUR
P.S- PLATAN BAZAR
DIST- KAMRUP(M)
16: KAJEK INGTIPI
C/O- LATE STEPHEN KILLING
HAMREN CIVIL HOSPITAL
P.O- HAMREN
PIN-782486
DIST- KARBIANGLONG
17: MONOROMA SONOWAL
C/O- UDDHAB CHANDRA NATH
R/O- NEAR ISKCON TEMPLE
VILL- RONGTHENG-A
Page No.# 4/8
P.O- DIPHU
ASSAM
KARBIANGLONG
VERSUS
THE STATE OF ASSAM AND 21 ORS.
REPRESENTED BY
THE PRINCIPAL SECRETARY TO THE
GOVERNMENT OF ASSAM, HEALTH AND
FAMILY WELFARE(A) DEPARTMENT,
DISPUR, GUWAHATI--781006.
2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
HEALTH AND FAMILY WELFARE(A) DEPTT.
DISPUR
GUWAHATI--781006
3:THE SECRETARY TO THE GOVERNMENT OF ASSAM
HEALTH AND FAMILY WELFARE(A) DEPARTMENT
DISPUR
GUWAHATI--781006
4:THE DIRECTOR OF HEALTH SERVICES
SERVICES (NURSING)
HENGRABARI
GUWAHATI
ASSAM
5:THE JOINT DIRECTOR OF HEALTH SERVICES (NURSING)
HENGRABARI
GUWAHATI
ASSAM
6:ALL ASSAM GRADUATE NURSES ASSOCIATION
HAVING ITS REGISTERED OFFICE
AT RUKMININI GAON
NABARATNA PATH
REPRESENTED BY ITS GENERAL SECRETARY
SMT JUNU SARMA
7:SMTI JUNU SARMA
Page No.# 5/8
W/O- SRI NIRANJAN SARMA
R/O- RUKMINI GAON
NABARATNA PATH
HOUSE NO-4
P.O- KHANPARA
GUWAHATI-
781022
DISTRICT- KAMRUP(M)
GENERAL
SECRETARY OF ALL ASSAM GRADUATE NURSE
ASSOCIATION HAVING ITS REGISTERED OFFICE
AT RUKMINI GAON
NABARATNA PATH
8:GEETANJALI KALITA
MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
9:DEBONJANI NEOG
MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
10:MERAWATI DEVI
MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
11:SONU RONGPI
MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
12:MAMANI BALIMARIA
MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
13:MRIDULI RONGHAPI
MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
14:ANJU THAKURIA
MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
15:GRAU LALMISANG
MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
16:HIRUMONI PAIT
MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
17:ANU SAIKIA
MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
18:MAMITA DUTTA
MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
Page No.# 6/8
19:RIJUMONI GOGOI
MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
20:REKHA BORAH
MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
21:POLY SAIKIA
MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
22:LINA BORGOHAIN
MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
23:SHOVE ROY
MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATIO
Advocate for the Petitioner : MR B P BORAH
Advocate for the Respondent : SC, HEALTH AND F W
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
22-12-2021
Heard Shri P.K. Goswami, learned counsel for the petitioners, who are aggrieved
by a gradation list of 23.04.2021 in the cadre of Assistant Matron.
It is the case of the petitioners that despite their objection to the draft gradation
list, the same have not been taken into consideration and the impugned final
gradation list have been published.
The learned counsel submits that the seniority of the petitioners would be
adversely affected by the said gradation list.
On the other hand, Shri U.K. Nair, learned Senior counsel assisted by Shri R.
Singha, learned counsel appearing for the respondent no. 7 submits that the present
Page No.# 7/8
writ petition is nothing but an abuse of the process as the matter involved has been
put to rest by judgment passed by this Court and upheld by the Division Bench and it
is only in compliance of the direction passed in the earlier judgment that the final
gradation list has been published which has now been sought to be impugned without
any justifiable grounds.
The Senior Counsel further submits that the impugned final gradation list has
already been given effect to inasmuch as all the petitioners have also been given the
benefit of promotion from the said list.
Referring to the I.A. No. 2390/2021 filed today, the Senior Counsel submits that
the respondent no. 7 is no longer the General Secretary of the All Assam Graduate
Nurses Association and in the tussle made between certain individuals, the Association
as such should not have been made a party.
Refuting the submissions made by the Senior Counsel, Shri Goswami, the
learned counsel for the petitioners submits that though it is a fact that the petitioners
have been promoted based on the impugned gradation list, their Seniority would be
adversely affected and therefore, there is a valid cause of action to be agitated.
Issue Notice, returnable by 6(six) weeks.
Shri D.P. Bora, learned Standing Counsel, Health Department accepts notice on
behalf of the respondent nos. 1, 2, 3, 4 & 5 whereas Shri R. Singha, learned counsel
accepts notice on behalf of the respondent no. 7.
Extra copies be served within 2(two) days.
Page No.# 8/8
Steps for service of notice upon the respondent nos. 8 (Geetanjali Kalita) to 23
(Shove Roy) be taken by registered post with A/D.
At this stage, it is pointed out that no address has been given to respondent
nos. 8 to 23.
Shri Goswami, the learned counsel for the petitioners, however submits that the
said respondents can be served through the Association of All Assam Graduate Nurses
Association which has been made party respondent no.6. He further prays that he
may be allowed to make necessary correction by hand.
Prayer is allowed. Learned counsel for the petitioners is given leave to make
such insertion of address.
As regards, the prayer made on behalf of the respondent no. 7, who has been
wrongly described to be the General Secretary of the All Assam Graduate Nurses
Association, it being an admitted position that the said respondent no. 7 is no longer
holding the post, such description be deleted from the array of parties as well as from
the representation of the respondent no. 6 by the said respondent no. 7.
It is further made clear that the address of the Association be given in its
registered Office and not in the personal address of the respondent no. 7.
It is needless to mention that any action taken on the impugned gradation list
would be subject to the outcome of the writ petition.
JUDGE
Comparing Assistant
