Gauhati High Court
Page No.# 1/6 vs The State Of Assam And 3 Ors on 19 February, 2021
Page No.# 1/6
GAHC010001152021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/483/2021
UJJAL KANTI DAS LASKAR AND 18 ORS
S/O. LT. NALINI MOHAN DAS LASKAR, R/O. BINOY BADAL DINESH LANE,
P.O. RANGIRKHARI, DIST. CACHAR, ASSAM.
2: MANASH KUMAR NATH
S/O. LT. MAN KUMAR NATH
VILL. KANAKPUR
P.O. NARSINGPUR
DIST. CACHAR
ASSAM.
3: SIRAJ NATH GOALA
S/O. RAM SAKAL GOALA
VILL. BHORAKHAL
P.O. SILCOORIE
DIST. CACHAR
ASSAM.
4: RANJIT RABIDAS
S/O. LT. JAGDISH RABIDAS
VILL. GHUNGOOR KUARPAR
P.O. SILCHAR MEDICAL COLLEGE
DIST. CACHAR
ASSAM.
5: BAPAN DEB
S/O. PAFFULLA CHANDRA DEB
R/O. DESHABANDHU ROAD
P.O. RANGIRKHARI
DIST. CACHAR
ASSAM.
Page No.# 2/6
6: MAYNA MIA MOZUMDER
S/O. LT. SAJID ALI MAZUMDER
VILL. SAIDPUR PART-IV
P.O. SAIDPUR MUKAM
DIST. CACHAR
ASSAM.
7: RAJIB UDDIN LASKAR
S/O. LT. SAFIQUE UDDIN LASKAR
VILL. UTTARKRISHNAPUR PART-III
P.O. UTTARKRISHNAPUR
DIST. CACHAR
ASSAM.
8: ARUP KUMAR ACHARJEE
S/O. UMA SHANKAR ACHARJEE
R/O. RADHAMADHAB ROAD
P.O. SILCHAR
DIST. CACHAR
ASSAM.
9: RAJESH ROY
S/O. LT. MOHESH ROY
R/O. CHITTARANJAN AVENUE
NATIONAL HIGHWAY
RAMKRISHNA SARANI
P.S. SILCHAR
DIST. CACHAR
ASSAM.
10: SANKAR NUNIA
S/O. LT. DILUYA NUNIA
VILL. DHUNGOOR
P.O. SILCHAR MEDICAL COLLEGE
DIST. CACHAR
ASSAM.
11: ABHIJIT DEB
S/O. SITANGSHU DEB
VILL. GHUNGOOR
P.O. SILCHAR MEDICAL COLLEGE
DIST. CACHAR
ASSAM.
12: ROBILAL DAS
S/O. LT AKASH CHANDRA DAS
VILL. GHUNGOOR
P.O. SILCHAR MEDICAL COLLEGE
Page No.# 3/6
DIST. CACHAR
ASSAM.
13: ROFIQUE UDDIN LASKAR
S/O. LT. ABDUL MONAF LASKAR
VILL. AND P.O. SAIDPUR MUKAM
P.S. SILCHAR
DIST. CACHAR
ASSAM.
14: MANIK UDDIN LASKAR
S/O. KALADHAN MIA LASKAR
VILL. DAKHIN MOHANPUR PART-V
P.O. KACHUDARAM
DIST. CACHAR
ASSAM.
15: ATUL CHANDRA DAS
S/O. LT. KULO CHANDRA DAS
VILL. GHUNGOOR
P.O. SILCHAR MEDICAL COLLEGE
DIST. CACHAR
ASSAM.
16: BISWAJIT DAS
S/O. LT. PABITRA KUMAR DAS
VILL. SADAGRAM
P.O. DHOLAI BAZAR
DIST. CACHAR
ASSAM.
17: ABDUL MALIK LASKAR
S/O. LT. SAMSUL UDDIN LASKAR
VILL. ATAL BASTI
P.O. MEHERPUR
DIST. CACHAR
ASSAM.
18: BHABATOSH SUKLABAIDYA
S/O. LT. KSHITISH CHANDRA SUKLABAIDYA
VILL. MOSKIPUR
P.O. MALVA
DIST. KARIMGANJ
ASSAM.
19: NUR ISLAM LASKAR
S/O. LT. INUS ALI LASKAR
Page No.# 4/6
VILL. AND P.O. UTTARKRISHNAPUR
DIST. CACHAR
ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
HEALTH AND FAMILY WELFARE (B) DEPTT., DISPUR, GUWAHATI-06.
2:THE COMMISSIONER AND SECRETARY
FINANCE DEPTT.
DISPUR
GUWAHATI-06.
3:THE DIRECTOR
MEDICAL EDUCATION
ASSAM
SIXMILE
KHANAPARA
GUWAHATI-22.
4:THE PRINCIPAL CUM CHIEF SUPERINTENDENT
SILCHAR MEDICAL COLLEGE HOSPITAL
SILCHAR
GHUNGOOR
SILCHAR
DIST. CACHAR
ASSAM
Advocate for the Petitioner : MR. N H LASKAR
Advocate for the Respondent : GA, ASSAM
Page No.# 5/6
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 19-02-2021
Heard Mr. T.A. Choudhury, learned counsel for the petitioners. Also heard Mr. S. Sarma,
learned Standing Counsel for the Health Department as well as Mr. R. Borpujari, learned
Standing Counsel, Finance Department.
The learned counsel for the petitioners submits that the petitioners have been engaged
as Grade - IV employees on contract basis under the establishment of the Silchar Medical
College and Hospital, Ghungoor, Silchar by the Hospital Management Society since the year
2003. However, their service have not been regularized till date. Referring to the Judgment &
Order dated 08.06.2017 passed by the Division Bench of this Court in W.A No. 45/2014 (State
of Assam -vs- Upen Das & 835 Others) , the learned counsel submits that the Writ Appellate
Court by following the Apex Court's decision in State of Punjab -vs- Jagjit Singh, reported in
(2017) 1 SCC 148, directed the State Government to pay minimum of the Pay Scale to Muster
Roll workers, Work Charged workers and similarly placed employees working since the last
more than ten (10) years and not in a sanctioned post w.e.f. 01.08.2017. Pursuant thereto,
the State Government in compliance of the direction of this Court issued Notification dated
08.03.2019, fixing the pay and entitlements to such casual employees. The learned counsel
submits that despite the Judgment of this Court and the said Notification dated 08.03.2019,
the petitioners have not been considered and given such benefit till date.
Page No.# 6/6
It is however seen that the petitioners have not exhausted the alternative remedy
available to them i.e., filing appropriate representation before the authority concerned. As
such, this Court is of the considered view that the petitioners should first approach the
respondent authorities with appropriate representation.
In that view of the matter, the writ petition is disposed of with a direction to the
petitioners to submit an appropriate representation before the respondent No. 1 through the
respondent No. 4 within a period of ten (10) days from today. The respondent No. 4 on
receipt of the representation shall forward the same to the respondent No. 1 for consideration
and who in turn shall dispose of the representation by way of a speaking order, preferably
within a period of two (2) months from the date of receipt of the same.
A copy of the order to be passed shall be communicated to the petitioners. It is needless
to mention that if the petitioners are still aggrieved, they will be at liberty to approach this
Court again.
JUDGE
Comparing Assistant
