Gauhati High Court
Md. Hussain Ahmed Barbhuiya vs The State Of Assam And 5 Ors on 5 February, 2021
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GAHC010194282020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/177/2021
MD. HUSSAIN AHMED BARBHUIYA
S/O- HABIBUR RAHMAN BARBHUIYA, R/O- VILL- RANGPUR, PART-II, P.O.
RANGPUR, PART-II, DIST.- CACHAR (ASSAM), PIN- 788009
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF
HEALTH, DISPUR, GHY-06
2:THE DIRECTOR OF HEALTH SERVICES
HENGRABARI
GHY-36
3:THE JOINT DIRECTOR
HEALTH SERVICES
CACHAR
SILCHAR
PIN- 788001
4:THE SUB-DIVISIONAL MEDICAL AND HEALTH OFFICER
HARINAGAR P.H.C.
CACHAR
PIN- 788001
5:THE PRESIDENT/CHAIRPERSON/SECRETARY
HOSPITAL MANAGEMENT COMMITTEE
HARINAGAR
B.P.H.C.
CACHAR
PIN- 788001
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6:THE MISSION DIRECTOR
NATIONAL RURAL HEALTH MISSION
ASSAM
SAIKIA COMPLEX
CHRISTIAN BASTI
DISPUR
GHY-0
Advocate for the Petitioner : MR. O LASKAR
Advocate for the Respondent : SC, HEALTH
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 05-02-2021
No one appears for the petitioner on call.
Ms. D. Borah, the learned counsel appears for the Health Department.
The petitioner is praying for regularization of his service for the period he worked as a
Driver on contract basis, on a fixed pay of Rs. 2000/- per month, for the Harinagar BPHC,
Cachar, from the year 2009 - 2011. Subsequent to the petitioner's service as a Driver on
contract basis in 2011, the petitioner appeared in a Selection process in response to
advertisement for the post of Driver. However, he was not selected by the authorities and he
was discharged from service by the respondent No. 4. Being aggrieved by not being given his
remuneration, the petitioner filed WP(C) No. 4673/2011. WP(C) No. 4673/2011 was disposed
of vide Order dated 14.09.2011 by issuing a direction to the respondent No. 4, i.e. the Sub-
Divisional Medical and Health Officer in-charge, Harinagar, BPHC, Cachar, to examine the
matter regarding payment of salary to the petitioner during his employment with the
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respondent and if there was any outstanding salary, the same should be paid to the
petitioner. This Court in the Order dated 14.09.2011 passed in WP(C) No. 4673 of 2011 also
made the following observation "The only grievance of the petitioner is that since his joining
in service to his release, the due salary of the petitioner have not yet been paid by the
respondent No. 3". Consequent to the above, the petitioner submitted a letter dated
24.10.2011 to the respondent No. 4 to comply with the Order dated 14.09.2011 passed in
WP(C) No. 4673/2011.
In compliance with the Order dated 14.09.2011 passed in WP(C) No. 4673/2011, the
respondent No. 4 issued a cheque bearing No. 211054 dated 17.12.2011 for Rs. 35,866/-, as
being the full and final outstanding claims of remuneration of the petitioner as a contractual
Driver.
As can be seen from the above, the petitioner has not been in service with the State
respondents since the year 2011.The petitioner has however made a prayer for regularization
of his service, on the basis of his service as a contractual Driver for two years from 2009-
2011 only. The contractual service had also been terminated in the year 2011. The petitioner
now prays for payment of the minimum pay scale as directed by the Division Bench of this
Court in the case of State of Assam Vs Upen Das & 836 Ors, reported in (2017) 4 GLR 49.
The petitioner not being in any Government service, either in a temporary, Muster Roll,
workcharged/ contractual capacity, it is not understood as to how the Judgment passed in
State of Assam Vs. Upen Das & 836 Ors (Supra) would be applicable to him.
As stated earlier, no one appears for the petitioner. The petitioner does not seem to be
in pursuing the matter. Accordingly, the writ petition is dismissed for non-prosecution.
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JUDGE
Comparing Assistant
