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2021 Latest Caselaw 40 Gua

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GAHC010005322018




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WP(C)/234/2018

         ANANTA KR. NATH
         VILL- SATKHALI, PO SATKHALI, DIST. DARRANG, ASSAM

         2: DHARMESWAR DEKA
          S/O. LATE KAHI RAM DEKA
          R/O. VILL. OUBARI
          P.O. SUAGPUR
          DIST. KAMRUP
         ASSAM.

         3: MRINAL BORA
          S/O. LATE LAMBO RAM BORA
          R/O. VILLAGE- DIMAKUCHI PART III
          P.O. DIMAKUCHI
          DISTRICT- DARRANG
         ASSAM.

         4: SUNIL GHOSH
          S/O. SADESH CH. GHOSH
          R/O. VILLAGE- DUMARIA PART-I
          P.O. LENGTISINGA
          P.S. ABHAYAPURI
          DISTRICT- BONGAIGAON
         ASSAM
          PIN-783384

         5: APURBA KR. DEKA NATH
          S/O. LATE SURENDRA NATH
          R/O. VILLAGE- PRAFULLA NAGAR
          DISTRICT- DARRANG
         ASSAM
          P.O. MANGALDOI

         VERSUS
                                                                                  Page No.# 2/3


            THE STATE OF ASSAM
            REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND FAMILY
            WELFARE DEPTT., DISPUR, GUWAHATI-6

            2:THE DIRECTOR HEALTH SERVICES
            ASSAM
             HENGRABARI
             GUWAHATI-36.

            3:THE JOINT DIRECTOR HEALTH SERVICES
             DHUBRI
             DHUBRI
            ASSAM.

            4:THE JOINT DIRECTOR
             HEALTH SERVICES (M) SPO

             NVBDCP
             ASSAM
             CHRISTIANBASTI
             GUWAHATI-5

Advocate for the Petitioner   : MR. R M CHOUDHURY

Advocate for the Respondent : SC, HEALTH




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                           ORDER

Date : 06.01.2021

Heard Mr. R. M. Choudhury, learned counsel appears for the petitioner. Also heard Mr. B. Gogoi, learned counsel appears for the respondent/health department.

The writ petition has been filed by the petitioners challenging their removal vide order dated 02.08.2016 (annexure 3 page 24) by which 16 persons including the writ petitioners were removed from services.

The short case of the petitioners are that they were genuinely appointed in the department and have been working since their appointment as far back as 2002. The removal order has been issued without giving any show-cause as to why the petitioners have been Page No.# 3/3

removed from their services. Accordingly, being aggrieved, the petitioners have approached this court by filing the present writ petition.

The learned Standing counsel, Mr. B. Gogoi submits that similar matters have been decided by coordinate Bench of this court in the case of WP (C) 4965/2016 dated 13.03.2020. Mr. Gogoi further submits that the matters are presently pending in appeal before Division Bench of this court.

Mr. Choudhury submits that he is not aware of any orders being passed by this court. He, accordingly, submits that a short date may be given for him to obtain the required instructions and also peruse the copy of the Judgment referred by Mr. Gogoi.

Accordingly, at the request of the learned counsel for the petitioner, list this matter again on 11.01.2021 enabling Mr. Choudhury to inform the court whether the matter is also covered in terms of the orders passed in WP (C) 4965/2016 dated 13.03.2020.

JUDGE

Comparing Assistant