Gauhati High Court
Page No.# 1/57 vs The State Of Assam And 14 Ors on 9 November, 2021
Page No.# 1/57
GAHC010191442020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/200/2021
AJIT BURAGOHAIN AND 44 ORS.
S/O-UPEN BURAGOHAIN, JIBON PHUKAN NAGAR, P.O- C.R. BUILDING,
DIBRUGARH, PIN NO- 781001
2: GAUTAM GOGOI
S/O.- LT. HARU RAM GOGOI
BORPATHAR NA-GAON
P.O.- KONWARHANDIQUE
DIBRUGARH
PIN NO. 786008
3: KRISHNA DUTTA
S/O.- ROBIN DUTTA
P.O.- RAJABHETA
DIBRUGARH
PIN NO. 786008
4: PRAKASH DOWERAH
S/O.- LT. RAMA BARUAH
SOUTH AMOLLAPATTY
P.O.- MOHANAGHAT
DIBRUGARH
PIN NO.- 786008
5: BITUPON GOGOI
S/O.-SATYA GOGOI
R/O.-BARBARUAHLAHONGAON
P.O.- BORBARUAH
DIBRUGARH
PIN NO.- 786007
6: BITUL CHANDRA GOGOI
S/O.- LT. MEGHNATH GOGOI
TEPOR GAON DEVELOPMENT AREA
Page No.# 2/57
P.O.- C.R BUILDING
DIBRUGARH
PIN NO. 786003
7: BISWAJIT LAHON
S/O-KHUDRA LAHON
VILL- BORBORUAH LAHON GAON
P.O- BARBORUAH
DIST- DIBRUGARH
ASSAM.
8: BIBHUJYOTI BARUAH
S/O- LATE NARAYAN CH.BARUAH
VILL- GHOORONIA DASH MILE
P.O- LEPETKATA
PIN-786006
DIST- DIBRUGARH
ASSAM.
9: DIPIKA SAIKIA
W/O- BHODRESWAR SAIKIA
R/O- LAKHIMINAGAR
P.O- CHEREKAPAR PIN- 785640
DIST- SIVASAGAR
ASSAM.
10: BONDONA MAHANTA
D/O-LATE MANIK CH. MAHANTA
VILL-BARISUWA GAON
P.O- KONWARPUR
DIST- SIVASAGAR
ASSAM.
11: ANJUMONI BORAH
D/O.-BITULCHGOGOI
R/O-TEPOR GAON DEVELOPMENT AREA
P.O.- C.R BUILDING
DIBRUGARH
PIN NO. 786003.
Page No.# 3/57
12: DIBYAJYOTI DAS
S/O.-AJIT DAS
VILLAGE.-BHATIAPAR
P.O.- BHATIAPAR
SIVASAGAR
PIN NO. 780667
13: DIPALI KONWAR GOGOI
D/O.-SASHIKONWAR
P.O.- BORPATHARKONWARGAON
BEHIATINGTINI ALI
DIBRUGARH
PIN NO.- 786004
14: RUPAM LAHON
S/O- KUSHALLAHON
VILL- SILAPATHARKALYANPUR
P.O- SILAPATHAR
PIN-786059.
DIST- DIBRUGARH
ASSAM.
15: ANJANJYOTI PEGU
S/O- BHAKAT RAM PEGU
VILL- HATIMURIA GAON
P.O.- C.R BUILDING
DIST- DIBRUGARH
ASSAM.
16: GULAP HANDIQUE
S/O- NIRMAL HANDIQUE
VILL- BARPATHAR HANDIQUE GAON.
P.O- KONWAR HANDIQUE
PIN-786008
DIST- DIBRUGARH
ASSAM.
17: GIRINDRA GOGOI
S/O- HEMKANTAGOGOI
VILL- BORPATHAR KHONGIA GAON
P.O- BEHIATING TINIALI
PIN-78600
DIST- DIBRUGARH
ASSAM.
18: RUBUL KONWAR
Page No.# 4/57
S/O-CHITTA RANJAN KONWAR
BEHIATING TINIALI
P.O.- BEHIATING TINIALI
DIBRUAGRH
PIN NO. 786004.
19: MINAKSHI DIHINGIA
D/O.-NAKULDIHINGIA
CHIRING CHAPORI
P.O.- MOHAONAGHAT
DIBRUGARH
PIN NO. 786008.
20: ABHIJIT KONWAR
S/O- PURNA KONWAR
BORPATHAR KONWAR GAON
P.O.- BIHIATING TINIALI
DIBRUAGARH
PIN NO. 786004
21: BONTI GOGOI
D/O.- SUBODH CHANDRA GOGOI
NATUN NIRMALI GAON
P.O.- C.R. BUILDING
DIBRUGARH
PIN NO. 786003.
22: SUNIL KUMAR RAI
S/O.- HARIBANSH RAI
NIRMALI GAON (NEAR CITY COLLEGE)
P.O.- C.R. BUILDING
DIBRUGARH
PIN NO. 786003.
23: JYOTISH KONWAR
S/O-DANDEDHAR KONWAR
VILL- JAPARAGAON
P.O- MOHANAGHAT
PIN- 786008
DIST- DIBRUGARH
ASSAM.
24: JANTU SONOWAL
LEPETKATA KACHARI GAON
P.O.- BORBARUAH
Page No.# 5/57
DIBRUGARH
PIN NO. 786007.
25: GAUTAM GOGOI
S/O- SRI AJIT GOGOI.
VILL- JAPARAGAON
P.O- MOHANAGHAT
PIN- 786008
DIST- DIBRUGARH
ASSAM.
26: RANTU GOGOI
S/O- CHABESWAR GOGOI
VILL- GARPARA KONWAR GAON
P.O- GORPORA
DIST- DIBRUGARH.
27: ACHYUT BARUAH
VILL- GARPARA KONWAR GAON
P.O- GORPORA
DIST- DIBRUGARH.
28: GAGAN CHETIA
S/O.- PHUKAN CHETIA
VILLAGE.- DINJOY GAON
P.O.- CHABUA
DIBRUAGARH
PIN NO. 786184.
29: ANUJ RAJKNOWAR
S/O- AJIT RAJKNOWAR
R/O- JAMIRAH TINIALI
P.O- BEHATING TINIALI
PIN-786004
DIST- DIBRUGARH
ASSAM.
30: JOYTISH LAHON
S/O.-DURBANANDA LAHON
BORBARUAH LAHON GAON
P.O.- BORBORUAH
DIBRUGARH
PIN NO.- 786007
31: MONMEE DUTTA
C/O LT. ANANTA DUTTA
Page No.# 6/57
P.O.-BOIRAGIMOTH CONVOY ROAD DIST.-DIBRUGARH ASSAM P IN-
786003
32: PABITRA GOGOI
S/O.- NAREN GOGOI
VILLAGE.- JAPORA GAON
P.O.- MOHONAGHAT
DIBRUGARH
PIN NO.- 786008
33: ANUPOM BHUYAN
S/O- TANKESWAR BHUYAN
VILL AND P.O- NIGAM
PIN-786621
DIST- DIBRUGARH
ASSAM.
34: RITA MONI NATH
W/O.- JOGENDRA NATH
MANCOTTA TEPOR GAON
P.O.- C.R. BIULDING
DIBRUGARH
PIN NO. 786003
35: RUPALI HAZARIKA NATH
W/O- JADOV DAS
LEKAI THAKURTHAN
P.O- SESSA
DIBRUGARH
PIN NO. 786003
36: GAUTAM KONWAR
S/O- KRITI KONWAR
VILL- NAHORONI
P.O- KONWARI GAON
PIN- 786610
DIST- DIBRUGARH
37: SWAPNALI PHUKAN
D/O.- LT. TULEN BARUAH
SOUTH AMOLLAPATTY
P.O.- MOHONAGHAT
DIBRUAGARH
PIN.- 786008
Page No.# 7/57
38: DIMPOO KONWAR
S/O- MONURANJAN KONWAR
VILL- BAHJONI GAON
P.O BAHJONI
PIN-786103
DIST- DIBRUGARH
39: MONALISHA HAZARIKA
W/O- TULTUL BORUAH
VILL- NORTH HAIBORGAON
P.O- HAIBARGAON
DIST- NAGAON.
40: SUPRATIM BARUAH
HATIMORA GAON
P.O.- MANCOTTA
DIBRUGARH
PIN NO. 786003
41: SUPRITI BARUAH
TINGRAI BAZAR (NEAR BSNL OFFICE)
P.O.- TINGRAI
TINISUKIA
42: GANESH SNOWAL
S/O-GIRIN SNOWAL
R/O- TINISUKIA GAON
P.O- LALMATI
PIN-786007
43: JAYANTA CHETIA
S/O.- ACHIN CHANDRA CHETIA
P.O.- SESSA
DIBRUGARH
PIN NO.- 786003
44: TAPAN BORPATRA GOHAIN
S/O.-ABHIKANTA BORPATRA GOHAIN
DIBRUAL DEHINGIA GAON
P.O.- BORBARUAH
DIST.- DIBRUGARH
PIN NO. 786007
45: NILIMA SONOWAL
D/O.- RAJANI SONOWAL
ROWMARI KACHARI GAON
Page No.# 8/57
P.O.- BEHIATING TINIALI
DIST.- DIBRUAGARH
PIN NO. 78600
VERSUS
THE STATE OF ASSAM AND 14 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
DEPARTMENT OF HEALTH AND FAMILY WELFARE GOVERNMENT OF
ASSAM, DISPUR, GUWAHATI-06.
2:THE DIRECTOR OF HEALTH SERVICES
ASSAM
HENGRABARI GUWAHATI-36.
3:THE JOINT DIRECTOR OF HEALTH SERVICES
DIBRUGARH-01
ASSAM.
4:THE DEPUTY COMMISSIONER DIBRUGARH
DIBRUGARH-01
ASSAM.
5:THE PRINCIPAL SECRETARY DEPARTMENT OF FINANCE
TO THE GOVERNMENT OF ASSAM
DISPUR
GUWAHATI-06.
6:THE SENIOR STATION OFFICER DIBRUGARH FIRE AND EMERGENCY
SERVICES
DIBRUGARH-01.
7:THE ASSISTANT EXECUTIVE ENGINEER
PWD DIBRUGARH
BUILDING SUB-DIVISION
DIBRUGARH-01.
8:THE OFFICER IN-CHARGE DIBRUGARH POLICE STATION
DIBRUGARH-01
ASSAM.
9:THE DISTRICT MALARIA OFFICER
Page No.# 9/57
DIBRUGARH-01.
ASSAM.
10:THE SUB DIVISIONAL MEDICAL AND HEALTH OFFICER
KHOWANG
DIBRUGARH
11:THE SUB DIVISIONAL MEDICAL AND HEALTH OFFICER
BARBARUAH
DIBRUGARH-07
ASSAM.
12:THE SUB DIVISIONAL MEDICAL AND HEALTH OFFICER
LAHOAL
DIBRUGARH
13:THE SUB DIVISIONAL MEDICAL AND HEALTH OFFICER
PANITOLA
DIBRUGARH
14:THE SUB DIVISIONAL MEDICAL AND HEALTH OFFICER
TENGAKHAT
DIBRUGARH.
15:THE SUB DIVISIONAL MEDICAL AND HEALTH OFFICER
NAHARANI
DIBRUGARH
Advocate for the Petitioner : MR B P BORAH
Advocate for the Respondent : GA, ASSAM
Linked Case : WA/166/2020
SUBAL KALITA AND 2 ORS.
S/O- LATE KALI KANTA KALITA
R/O- VILL.- HADALA
P.O. GERUAH
DIST.- KAMRUP
ASSAM.
2: BISWANATH DAS
S/O- PUHA RAM DAS
Page No.# 10/57
R/O- VILL.- MAZAR KURI
P.O. RANGIA
DIST.- KAMRUP
ASSAM.
3: DHIRAJ CHOUDHURY
S/O- LATE AMULYA CHOUDHURY
R/O- VILL.- DOMDOMA
P.O. KULHATI
DIST.- KAMRUP
ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR
GUWAHATI-06.
2:THE COMMISSIONER TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR
GHY-06.
3:THE DIRECTOR
HEALTH AND FAMILY WELFARE
HENGRABARI
GUWAHATI- 781036
4:THE JOINT DIRECTOR
HEALTH SERVICES
DHUBRI
ASSAM
PIN- 783301.
5:THE JOINT DIRECTOR
HEALTH SERVICES
DARRANG DISTRICT AT MANGALDOI
ASSAM- 784125.
------------
Advocate for : MR. D DUTT
Advocate for : SC
HEALTH appearing for THE STATE OF ASSAM AND 4 ORS.
Linked Case : WA/43/2021
ANANTA MALAKAR AND ORS.
S/O AMRIT MALAKAR
S/O AMRIT MALAKAR
Page No.# 11/57
VILL-SATDALA
PS and PO-HAJO
DIST. KAMRUP R
ASSAM
2: RAJIB GHOSH
S/O MANINDRA GHOSH
WARD NO.3
MANGALDOI
DIST. DARRANG
ASSAM
3: KULEN TALUKDAR
S/O LATE KANDARPA TALUKDAR
VILL SARTHEBARI
PO and PS-SARTHEBARI
DIST. KAMRUP R
ASSAM
4: TILAK BORA
S/O GOLAP CHANDRA BORA
VILL HUJGAON SANGKAR NAGAR
PS-SADAR
DIST. NAGAON
ASSAM
5: INDRAJIT BORAH
S/O LATE UMESH BORAH
VILL-GHANI BHATIKUGI
PS-RAHA
DIST. NAGAON
ASSAM
6: NIHAR RANJAN SARKAR
S/O SRI NAGENDRA NATH
VILL-BATGAON
PO-CHENGA
DIST. BARPETA
ASSAM
7: SWAPAN KR. SHARMA
S/O LATE MILAN SHARMA
VILL-DIPHALU
PO and PS ITACHALI
DIST. NAGAON
ASSAM
8: DHIRAJ BARUAH
Page No.# 12/57
S/O LATE RAMESWAR BARUAH
VILL-HENGALPARA
PS-CHIPAJHAR
DIST. DARRANG MONGALDOI
ASSAM
9: DHRUBAJIT MAZUMDAR
S/O PRABHAT MAZUMDAR
VILL and PO-NAGAON
PS and DIST. BARPETA
ASSAM
10: JOGEN CHUTIA
S/O DESANGMUKH LEPAL GAON
PO-DESANGMUKH
DIST. SIBSAGAR
ASSAM
11: SIRANJIT DUTTA
S/O KARTIK DUTTA
VILL-JERENGA NAGAR
PO-JOYSAGAR
DIST. SIBSAGAR
ASSAM
12: INDU PHUKAN
S/O SRI NAVA KUMAR PHUKAN
VILL-SANGKARDEV RAILWAY COLONY
PO-KADAM
DIST-DIBRUGARH
ASSAM
13: TAPAN KALITA
S/O SRI MANORANJAN KALITA
VILL-KATHALMURA
PO BHAGMARA BALAR
DIST. BARPETA
ASSAM
14: MINTU MAZUMDAR
S/O LATE DINESH CHANDRA MAZUMDAR
VILL-KAKAPATHAR
CHANDALI
PO-KAKAPATHAR
DIST. TINSUKIA
ASSAM
15: SRI PURNANANDA BARUAH
Page No.# 13/57
S/O SUBRAT BARUAH
VILL NEHAR CHAKU GAON
PO-CHIRINGHULLA
DIST. DIBRUGARH
ASSAM
16: SRI JITU DEHINGIA
S/O LILA KANTA DEHINGIA
VILL-DANGARI GAON
PO-DANGARI
DIST TINSUKIA
ASSAM
17: SRI DEBESWAR TAYE
S/O SRI BHAKTIRAM TAYE
VILL-JANJI MUKH GAON
PS- BARBARUAH
DIST. DIBRUGARH
ASSAM
18: SRI JUBARAJ SUBEDI
S/O LEKH BAHADUR SUBEDI
VILL-CHAVALKARA HASTINAGAR
PO-NIKASHI
DIST. BAKSA
BTC
ASSAM
19: SRI NILKAMAL DAS
S/O AJIT DAS
PS and DIST. BARPETA
ASSAM
20: ANANDA MOHAN GHOSH
S/O JUGAL CHANDRA GHOSH
VILL-UTTAR BARPETA
PO-SONKUCHI
DIST. BARPETA
ASSAM
21: SRI SANDEEP KR GHOSH
S/O KANAK CHANDRA GHOSH
VILL-GOALTULI
PS
PO and DIST. GOALPARA
ASSAM
Page No.# 14/57
22: SOFIUR RAHMAN
S/O MONIR UDDIN AHMED
R/O FOREST GATE HELA PAKHRI
PO-BALADMARI CHAR
DIST. GOALPARA
ASSAM
23: JOY BHADRA MEDHI
S/O LATE DHARMESWAR MEDHI
VILL-BALADMARI
PS
PS and DIST. GOALPARA
ASSAM
24: ASHOK CHANDRA DAS
S/O LATE DHANIRAM DAS
VILL-HAJO
MOHADEVTOLA
PS and PO-HAJO
DIST. KAMRUP R
ASSAM
25: ARNAB DAS
S/O SRI BITUPAN DAS
VILL-GHARAPAR CHUBRI
PS and PO-TEZPUR
DIST. SONITPUR
ASSAM
26: RAKESH BARUAH
S/O SRI JITEN BARUAH
VILL-MECHAGARH
PS- NAZIRA
PO-AMKOTIA
DIST. SIBSAGAR
ASSAM
VERSUS
THE STATE OF ASSAM AND ORS. (D)
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HEALTH and FAMILY WELFARE DEPTT.
DISPUR
GUWAHATI-06
2:THE DIRECTOR
HEALTH AND FAMILY WELFARE DEPARTMENT
Page No.# 15/57
HENGRABARI
GUWAHATI-36.
3:THE JOINT DIRECTOR
HEALTH SERVICES
CACHAR DISTRICT AT SILCHAR
ASSAM
PIN- 788001.
4:THE JOINT DIRECTOR
HEALTH SERVICES
KAMRUP(R) AMINGAON
GUWAHATI
ASSAM
PIN- 781031.
5:THE JOINT DIRECTOR
HEALTH SERVICES
DARRANG DISTRICT AT MANGALDAI
ASSAM
PIN- 784125.
6:THE JOINT DIRECTOR
HEALTH SERVICES
DISTRICT- NAGAON
ASSAM
PIN- 782002.
7:THE JOINT DIRECTOR
HEALTH SERVICES
DISTRICT- BARPETA
ASSAM
PIN- 781301.
8:THE JOINT DIRECTOR
HEALTH SERVICES
DIBRUGARH
ASSAM
PIN- 786001.
9:THE JOINT DIRECTOR
HEALTH SERVICES
DISTRICT- SIVASAGAR
ASSAM- 785640.
10:THE JOINT DIRECTOR
HEALTH SERVICES
DISTRICT- TINSUKIA
ASSAM
PIN- 786125.
11:THE JOINT DIRECTOR
Page No.# 16/57
HEALTH SERVICES
DISTRICT- BAKSA
BTC
ASSAM
PIN- 781372
12:THE JOINT DIRECTOR
HEALTH SERVICES
DISTRICT- GOALPARA
ASSAM
PIN- 783101.
13:THE JOINT DIRECTOR
HEALTH SERVICES
SONITPUR DISTRICT
ASSAM
PIN- 782124.
------------
Advocate for : MR. D DUTTA
Advocate for : SC
HEALTH appearing for THE STATE OF ASSAM AND ORS. (D)
Linked Case : WA/194/2020
ARUP BORPATRA GOHAIN AND 17 ORS.
S/O- LATE RUCHI BORPATRA GOHAIN
R/O- VILL.- MECHAGARH AMKOTIA GAON
PIN- 785697
DIST.- SIVASAGAR
ASSAM.
2: RUPAK HANDIQUE
S/O- SHRI UMESH HANDIQUE
R/O- MECHAGARH
HANDIQUE GAON
P.O. MECHAGARH
PIN- 785698
DIST.- SIVASAGAR
ASSAM.
3: KALYAN KUMAR DIHINGI
S/O- SRI TUPIDHAR DIHINGIA
R/O- VILL.- CHEREKAPUR CHETIN GAON
P.O. CHEREKAPUR
PIN- 785640
Page No.# 17/57
DIST.-SIVASAGAR
ASSAM.
4: SANJIB GOGOI
S/O- SHRI NABIN GOGOI
R/O- NO. 1 LAKHINAGAR
P.O. MANKOTA
PIN- 786003
DIST.- SIVASAGAR
ASSAM.
5: KIRAN BORAH
S/O- LATE ROMONI BORAH
R/O- VILL.- LACHIT NAGAR
P.O. AND DIST.- SIVASAGAR
ASSAM
PIN- 785640.
6: DEBAJIT BORGOHAIN
S/O- SRI BETRA BORGOHAIN
R/O- MOTHIA SIGH GOHAIN GAON
P.O. RAJMOW
PIN- 785685
DIST.- SIVASAGAR
ASSAM.
7: RANJEET HANDIQUE
S/O- SRI LAKHESWAR HANDIQUE
R/O- BOGIDALE HANDIQUE GAON
P.O. BOGIDALE
PIN- 785697
DIST.- SIVASAGAR
ASSAM.
8: NAZLI ARA AHMED
W/O- LATE KUTUBUDDIN AHMED
R/O- VILL.- GELAKY N ALI
GOHAIN GAON
P.O. GELAKY
PIN- 785696
DIST.- SIVASAGAR
ASSAM.
9: ABHIJIT CHETIA
S/O- SRI ANIL CHETIA
R/O- VILL.- BETBARI BUKABILL VILLAGE
P.O.- MITHAPUKHURI
PIN- 785640
Page No.# 18/57
DIST.- SIVASAGR
ASSAM.
10: MUKUL KONWAR
S/O- LATE LAKHI KONWAR
R/O- VILL.- BORLAIPULI MORANKARI
P.O. KODOMONI
PIN- 786145
DIST.- TINSUKIA
ASSAM.
11: UJJAL CHETIA
S/O- LATE NOREN CHETIA
R/O- VILL.- CHEREKAPER
P.O. CHERAKAPER
PIN- 785640
DIST.- SIVASAGAR.
12: DIGANTA SONOWAL
S/O- SRI CHAITANYA SONOWAL
R/O- VILL.- CHAHRIKATA
P.O. CHAHARIKATA
PIN- 785676
DIST.- DIBRUGARH.
13: MEGHALI BORAH
D/O- SRI LALIT CHANDRA BORAH
R/O- VILL. 2 NO. KESERUGURI GAON
P.O. BOGADAT
PIN- 786612
DIST.- DIBRUGARH.
14: ATUL SAIKIA
S/O- SRI MANESWAR SAIKIA
R/O- VILL.- HULADHIATI
P.O. SENCHAA
PIN- 782002
DIST.- NAGAON.
15: REKHA BORA
W/O- SHRI ATUL SAIKIA
R/O- VILL.- HULADHIA
P.O. SANCHOA
PIN- 782002
DIST.- SIVASAGAR.
16: AJAY RAJKONWAR
S/O- KHRINATH RAJKONWAR
Page No.# 19/57
R/O- VILL.- NOSARIMUTHIA KONWARGAON
P.O. HILAKUTI
PIN- 785698
DIST.- SIVASAGAR.
17: MONIKA DEHINGIA HANDIQUE
W/O- GIRIN HANDIQUE
R/O- CHIRING CHAPORI
THANA GOLI MULAGABHRAU PATH
P.O. AND DIST.- DIBRUGARH
PIN- 786001.
18: ASIM SAIKIA
S/O- SHRI PUTUL SAIKIA
R/O- VILL.- DAOMOR DOLLONG VILL
P.O. DOOMOR DOLLONG
PIN- 786612
DIST.- DIBRUGARH.
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE DEPARTMENT OF
HEALTH AND FAMILY WELFARE
GOVT. OF ASSAM
DISPUR
GUWAHATI-6.
2:THE DIRECTOR OF HEALTH SERVICES
ASSAM
HENGRABARI
GUWAHATI-36.
3:THE JOINT DIRECTOR OF HEALTH SERVICES
SIVASAGAR
ASSAM.
4:THE PRINCIPAL SECRETARY
DEPARTMENT OF FINANCE
GOVT. OF ASSAM
DISPUR
GUWAHATI- 781006.
5:THE JOINT DHS (M) AND SPO
NVBDCP
ASSAM
CHRISTIANBASTI
GUWAHATI-5.
6:THE CHIEF MEDICAL AND HEALTH OFFICER (CD)
DISTRICT MALARIA OFFICER
SIVASAGAR.
Page No.# 20/57
------------
Advocate for : MR. U K NAIR
Advocate for : SC
HEALTH appearing for THE STATE OF ASSAM AND 5 ORS.
Linked Case : WA/60/2021
CHINMOY CHAKRABARTY
S/O- CHETTARANJAN CHAKRABORTY
R/O- HAILAKANDI
R.K. MISSION ROAD
DIST.- HAILAKANDI
ASSAM
PIN- 788151.
VERSUS
THE STATE OF ASSAM AND 6 ORS.
REP. BY THE PRINCIPAL SECRETARY
GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR
GUWAHATI- 781006
ASSAM.
2:THE DIRECTOR OF HEALTH SERVICES
ASSAM
HENGRABARI
GUWAHATI- 781036.
3:THE JOINT DIRECTOR OF HEALTH SERVICES
CACHAR
SILCHAR
ASSAM
PIN- 788001.
4:THE DEPUTY COMMISSIONER
CACHAR
SILCHAR
ASSAM
PPIN- 788001.
5:THE ADDITIONAL DEPUTY COMMISSIONER
(HEALTH)
CACHAR
SILCHAR
Page No.# 21/57
ASSAM
PIN- 788001.
6:THE SUB-DIVISIONAL MEDICAL AND HEALTH OFFICER
BORKHOLA PHC CACHAR
SILCHAR
ASSAM
PIN- 788110.
7:THE DIRECTOR OF HEALTH SERVICES
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
ASSAM
PIN- 788370.
------------
Advocate for : MR. R P SARMAH
Advocate for : SC
HEALTH appearing for THE STATE OF ASSAM AND 6 ORS.
Linked Case : WA/140/2020
CHANDAN BORGOHAIN AND 50 ORS.
SON OF SRI- PULIN BORGOHAIN
AGED ABOUT 36 YEARS
R/O- VILLAGE- BAPAPUNG AREA
WARD NO.8
P.O. DIGBOI
DIST- TINSUKIA
ASSAM.
2: MINTU GOGOI
SON OF SRI- REKHESWAR GOGOI
AGED ABOUT 36 YEARS
R/O- VILLAGE- BOTUA
P.O. DICHOW BOTUA DIST. SIVASAGAR
ASSAM.
3: APURBA KUMAR BORAH
SON OF SRI- HIREN KUMAR BARUAH
AGED ABOUT 38 YEARS
R/O- VILLAGE- RUPAI SIDING TAPUBAN
P.O. RUPAI SIDING
DIST. TINISUKIA
ASSAM.
4: SIVA SARTHAK SAIKIA
SON OF SRI- DIMBESWAR SAIKIA
AGED ABOUT 36 YEARS
Page No.# 22/57
R/O- VILLAGE- MAKUM DIGBOI ROAD
P.O. MAKUM
DIST. TINISUKIA
ASSAM.
5: PROKASH PHUKAN
SON OF LATE -SRI-NILOKANTA PHUKAN
AGED ABOUT 55 YEARS
R/O- VILLAGE- LEZOI
P.O. BARBORUOL
DIST. DIBRUGARH
ASSAM.
6: BHUPEN KONWAR
SON OF SRI- LUKHESWAR KONWAR
AGED ABOUT 41 YEARS
R/O- VILLAGE- JAMIRAH DIBRUAL GONE
P.O. JAMIRAH DIBRUAL GONE
DIST. DIBRUGARH
ASSAM.
7: PABAN CHAUHAN
SON OF LATE- BALRAM CHAUHAN
AGED ABOUT 44 YEARS
R/O- VILLAGE- HIJUGURI NEAR HOLY CHILD SCHOOL
P.O. HIJUGURI
DIST-TINISUKIA
ASSAM.
8: JAYA SONOWAL
DAUGHTER OF SRI- LABA RAM SONOWAL
AGED ABOUT 34 YEARS
R/O- VILLAGE- CHAPAKHUWA THANA CHARIALI
P.O. CHAPAKHUWA THANA CHARIALI
DIST. TINISUKIA
ASSAM.
9: SMT. ARUNA GOGOI
DAUGHTER OF SRI- KARUN GOGOI
AGED ABOUT 46 YEARS
R/O- AUXILIUM JUNIOR COLLEGE BORDOLOI NAGAR
P.O. TINISUKIA
DIST. TINISUKIA
ASSAM.
10: SURENDRA MOHAN GOGOI
SON OF SRI- LATE NILAMBER GOGOI
AGED ABOUT 42 YEARS
Page No.# 23/57
R/O- BAPAPUNG NEAR NAMGHAR G.M. PLOT 565
P.O. DIGBOI
DIST. TINISUKIA
ASSAM.
11: SMT. MENAKA DEORI
DAUGHTER OF SRI- A.K. DEORI
AGED ABOUT 36 YEARS
P.O. DIGBOI
DIST. TINISUKIA
ASSAM.
12: DIBYA JYOTI SONOWAL
SON OF SRI- ACHUYUT SONOWAL
AGED ABOUT 32 YEARS
R/O- VILLAGE- KUSHAL NAGAR
P.O. MORANHAT
DIST. DIBRUGARH
ASSAM.
13: TIKENDRAJEET GOGOI
SON OF LATE- PUTUL GOGOI
AGED ABOUT 37 YEARS
R/O- VILLAGE- KATAKI CHUK
P.O. BALIJAN/GOHPUR
DIST. SONITPUR
ASSAM.
14: NAYAN JYOTI GOGOI
SON OF LATE- RAMCHANDRA GOGOI
AGED ABOUT 38 YEARS
R/O- VILLAGE- 4 NO. KURUKANI
P.O. KURUKANI
DIST. SIVASAGAR
ASSAM.
15: BHOLARAM DAS
SON OF SRI- SARBESWAR DAS
AGED ABOUT 37 YEARS
R/O- VILLAGE- GANAKPARA
P.O. MAKRIKUCHI
DIST. BARPETA
ASSAM.
16: KESHAB GOGOI
SON OF SRI- MILAN GOGOI
AGED ABOUT 43 YEARS
Page No.# 24/57
R/O- VILLAGE- JAMIRAH DIBRUAL GONE
P.O. JAMIRAH
DIST. DIBRUGARH
ASSAM.
17: PRANAB KUMAR RAJA
SON OF SRI- BHABEN CH. RAJA
AGED ABOUT 41 YEARS
R/O- VILLAGE- BORAGAON
P.O. KACHAMARI
DIST. NAGAON
ASSAM.
18: DREAMJUTY SONOWAL
SON OF SRI- GAJENDRA NATH SONOWAL
AGED ABOUT 46 YEARS
R/O- VILLAGE- LEPET KATA KACHARI GAON
P.O. BORBORUAH
DIST. DIBRUGARH
ASSAM.
19: PAWAN THAPA
SON OF SRI- RAJEN SINGH
AGED ABOUT 44 YEARS
P.O. DIBRUGARH
DIST. DIBRUGARH
ASSAM.
20: ABHIJIT GOGOI
C/O- MRS. MANJURANI GOGOI
AGED ABOUT 38 YEARS
R/O- VILLAGE- LEPETKATTA BANGALIGAON
P.O. LEPETKATTA BANGALIGAON
DIST. DIBRUGARH
ASSAM.
21: SRI BEDANTA BARUAH
C/O- MRS. ANU BARUAH
AGED ABOUT 40 YEARS
R/O- SEC- 2
BYE LANE -8
ANIL BARUAH PATH
BORDOLOI NAGAR
TINSUKIA
DIST- TINSUKIA
ASSAM.
Page No.# 25/57
22: SRI DINESH GOGOI
S/O- SUNESWAR GOGOI
AGED ABOUT 33 YEARS
R/O- VILLAGE- DUPONI BPRGAON GHUMTI BILL
P.O.- SODIYA
DIST- TINSUKIA
ASSAM.
23: SRI DIJU DEB
S/O- DIPAK DEB
AGED ABOUT 39 YEARS
R/O- BALIJAN H T. E.
P.O. HOOGRIJAN
DIST- DIBRUGARH
ASSAM.
24: MRS. MOMI MAHANTA
W/O- SRI ZYATI PRAKASH MAHANTA
AGED ABOUT 36 YEARS
R/O- VILLAGE- MARILE PATHER NEAR RHTC
P.O.-CHABUA
DIST- DIBRUGARH
ASSAM.
25: SRI BIMAN GOGOI
S/O- LATE ANANDA GOGOI
AGED ABOUT 42 YEARS
R/O- CHIRING CHAPORI OLD THANA ROAD
P.O.-ALAPATTY
DIST- TINSUKIA
ASSAM.
26: SRI BIJAY BHASKAR HAZARIKA
S/O- SRI SURJYA HAZARIKA
AGED ABOUT 40 YEARS
R/O- CHIRING CHAPORI
BOLURAM DOWARAH PATH
P.O.- DIBRUGARH
DIST- DIBRUGARH
ASSAM.
27: SRI GOPAL BORAH
S/O- SRI BIDYA BORAH
AGED ABOUT 42 YEARS
R/O- VILLAGE- 1NO. CHARIHABI
P.O.- K.P. NIGAM
DIST- DIBRUGARH
ASSAM.
Page No.# 26/57
28: SRI SAGAR SAHA ROY
S/O- SWADESH SAHA ROY
AGED ABOUT 40 YEARS
R/O- KHAGESWAR ROAD BASH BARI
DIST- TINSUKIA
ASSAM.
29: SRI TRIDIB KUMAR GOGOI
S/O- NABA KUMAR GOGOI
AGED ABOUT 50 YEARS
R/O- MANCOTTA TOMTOM TULA
P.O.- MANCOTTA
DIST- DIBRUGARH
ASSAM.
30: SRI JIBON KEOT
S/O- JUGEN KEOT
AGED ABOUT 50 YEARS
R/O- KHALIHA MARI
P.O.- KADAMONI
DIST- DIBRUGARH
ASSAM.
31: SRI BHRIGU SAIKIA
S/O- BIRESWAR SAIKIA
AGED ABOUT 33 YEARS
R/O- VILLAGE- MERBIL
P.O.- SASONI
DIST- DIBRUGARH
ASSAM.
32: SRI PROSANTA PHUKAN
S/O- SHRI POBITRA PHUKAN
AGED ABOUT 32 YEARS
R/O- VILLAGE- LEZAI GAON
P.O.- BORBORUAH DIST- DIBRUGARH
ASSAM.
33: SRI DILIP HAZARIKA
S/O- SHRI BOMBESWAR HAZARIKA
AGED ABOUT 46 YEARS
R/O- VILLAGE- LEPET KOTA KOCHARI GAON
P.O.- BORBORUAH DIST- DIBRUGARH
ASSAM.
34: SRI HIMANTA GOHAIN
S/O- SHRI LT INDRA GOHAIN
Page No.# 27/57
AGED ABOUT 46 YEARS
R/O- VILLAGE- GARPARA KONWAR GAON
P.O.- GARPARA
DIST- DIBRUGARH
ASSAM.
35: MRS. LIPIKA GOGOI
C/O- SHRI RAMEN BARAIK
AGED ABOUT 39 YEARS
R/O- VILLAGE- BORGURI
P.O.- BORGURI
DIST- TINISUKIA
ASSAM.
36: SRI SUKUMAR DUTTA
S/O- SHRI SINISH DUTTA
AGED ABOUT 46 YEARS
R/O- VILLAGE- DIMOW RAISA
P.O.- DIMOW
DIST- SIVASAGAR
ASSAM.
37: SRI KALYAN SAIKIA
S/O- SHRI CHITTARANJAN SAIKIA
AGED ABOUT 44 YEARS
R/O- VILLAGE- LEPET KATTA KACHARI GAON
P.O.- BORBORUAH
DIST- DIBRUGARH
ASSAM.
38: SRI KIRAN CHUTIA
S/O- SHRI PHULESWAR CHUTIA
AGED ABOUT 40 YEARS
R/O- VILLAGE- BORPATHAR KAMAR GAON
P.O.- KAMAR GAON
DIST- DIBRUGARH
ASSAM.
39: SRI ARUN CHANDRA DAS
S/O- SHRI LATE DHIREN CH. DAS
AGED ABOUT 46 YEARS
R/O- WEST GABHARUPATHAR
RED CROSS ROAD
P.O.- KODOMONI
DIST- DIBRUGARH
ASSAM.
40: SRI SUSIL PATRA
Page No.# 28/57
S/O- SHRI PADMESWAR PATRA
AGED ABOUT 37 YEARS
R/O- NATUN NIRMALI GAON
P.O.- C.R. BUILDING
DIST- DIBRUGARH
ASSAM.
41: SRI DEBOJIT BORDOLOI
S/O- SHRI LATE BIPUL CH. BORDOLOI
AGED ABOUT 42 YEARS
R/O- RED CROSS ROAD
GRAHAM BAZAR
P.O.- DIBRUGARH
DIST- DIBRUGARH
ASSAM.
42: SRI DAYANANDA BORGOHAIN
S/O- SHRI BHUGESWAR BORGOHAIN
AGED ABOUT 42 YEARS
R/O- VILLAGE- KHOWANG CHOMUA
P.O.- KHOWANG GHAT
DIST- DIBRUGARH
ASSAM.
43: SMTI. PRIYANGKI TAMULI
C/O- JOYGNESWAR BORA
AGED ABOUT 39 YEARS
R/O- BORDOLOI NAGAR TINISUKIA
P.O.- TINISUKIA
DIST- TINISUKIA
ASSAM.
44: SMTI. BANDANA MEDHI HANDIQUE
W/O- GHANA SHYAM HANDIQUE
AGED ABOUT 36 YEARS
R/O- VILLAGE- KHERONI PATHAR
P.O.- DICHOW BOTUA
DIST- SARAIDEO ( MORAN)
ASSAM.
45: KANDARPA KR. DEKA
S/O- SRI BHUBENESWAR DEKA
AGED ABOUT 47 YEARS
R/O- RED CROSS ROAD
WARD NO.18
P.O.- KADAMONI
DIST- DIBRUGARH
ASSAM.
Page No.# 29/57
46: KHANIN KALITA
S/O- LATE DINESH CH. KALITA
AGED ABOUT 38 YEARS
R/O- NIZ KADAMONI
BOIRAGIMATH
P.O.- BOIRAGIMATH
DIST- DIBRUGARH
ASSAM.
47: KAMAL MECH
S/O- LATE TANKESWAR MECH
AGED ABOUT 41 YEARS
R/O- NO.2 GHURANIA GAON
P.O.- KOURIGAON
DIST- DIBRUGARH
ASSAM.
48: SALIM AHMED KHAN
S/O- LATE MONZUR AHMED KHAN
AGED ABOUT 39 YEARS
R/O- RED CROSS ROAD
KHALIHOMARI
P.O.- KADAMONI
DIST- DIBRUGARH
ASSAM.
49: SRI SURADEEP BURAGOHAIN
S/O- LATE BUDHESWAR BURAGOHAIN
AGED ABOUT 37 YEARS
R/O- VILLAGE- MANCOTTA TAPAR GAON
P.O.- MANCOTTA
DIST- DIBRUGARH
ASSAM.
50: MRS. BANTI SONOWAL
W/O- DIGONTA SONOWAL
AGED ABOUT 46 YEARS
R/O- VILLAGE- KAKOTI GAON
P.O.- BORBORUAH
DIST- DIBRUGARH
ASSAM.
51: SRI RAJIB TAYE
S/O- PRAFULLA TAYE
AGED ABOUT 35 YEARS
R/O- JUNJUMUKH GAON
P.O.- KLAKHOWA CHARIALI
Page No.# 30/57
DIST- DIBRUGARH
ASSAM.
VERSUS
THE STATE OF ASSAM AND 2 ORS.
TO BE REP. BY THE SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE DEPTT.
DISPUR
GUWAHATI-06.
2:THE DIRECTOR OF HEALTH SERVICES
ASSAM
HENGRABARI
GUWAHATI-36.
3:THE JT. DIRECTOR OF HEALTH SERVICES
TINSUKIA
P.O. AND DIST.- TINSUKIA
ASSAM
PIN- 786125.
------------
Advocate for : MR. D DUTT
Advocate for : SC
HEALTH appearing for THE STATE OF ASSAM AND 2 ORS.
Linked Case : WA/173/2020
MINTU BARUAH AND ANR.
S/O- LATE DHARMESWAR BARUAH
R/O- VILL.- BHERUADAL
P.O. BHERUADAL
DIST.- DARRANG
ASSAM.
2: RINTU KAKOTI
S/O- LATE LOHIT CH. KAKOTI
R/O- VILL.- GERIMARI (PRAFULLA NAGAR)
P.O. MANGALDAI
DIST.- DARRANG
ASSAM.
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR
Page No.# 31/57
GUWAHATI-06.
2:THE DIRECTOR
HEALTH SERVICES
ASSAM
HENGRABARI
GUWAHATI-781036.
3:THE JOINT DIRECTOR
HEALTH SERVICES (M)- CUM-SPO
NVBDCP
ASSAM
CHRISTIANBASTI
SAIKIA COMPLEX
GUWAHATI-05.
4:THE JOINT DIRECTOR OF HEALTH SERVICES
CACHAR
SILCHAR
ASSAM
------------
Advocate for : MR. D DUTT
Advocate for : SC
HEALTH appearing for THE STATE OF ASSAM AND 3 ORS.
Linked Case : WA/59/2021
TAPAN DAS AND 2 ORS.
S/O- SHRI PRAFULLA DAS
R/O- VILL.- NATUN SINGRI
P.O. NATUN CHIRAJULI
DIST.- SONITPUR
ASSAM
2: AHAD ALI
S/O- ARSHAD ALI
R/O- VILL.- NAGAJAN
P.O. KHARUPETIA
DIST.- DARRANG
ASSAM.
3: MONOJ BARMAN
S/O- LATE HARAKANTA BARMAN
R/O- VILL.- GANESH NAGAR
P.O. BAMUNIMAIDAM
DIST.- KAMRUP(M)
ASSAM.
VERSUS
Page No.# 32/57
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR
GUWAHATI-06.
2:THE DIRECTOR
HEALTH SERVICES
ASSAM
HENGRABARI
GUWAHATI- 781036.
3:THE JOINT DIRECTOR OF HEALTH SERVICES (M) CUM SPO
NVBDCP
ASSAM
CHRISTIANBASTI
SAIKIA COMPLEX
GUWAHATI-5.
4:THE JOINT DIRECTOR
HEALTH SERVICES
CACHAR
SILCHAR
ASSAM
PIN- 788001.
------------
Advocate for : MR. D DUTT
Advocate for : SC
HEALTH appearing for THE STATE OF ASSAM AND 4 ORS.
Linked Case : WA/150/2020
TAPAN KALITA AND 3 ORS.
S/O- CHAKRADHAR KALITA
TOKRADIA
P.O. AND P.S. HAJO
DIST.- KAMRUP
ASSAM.
2: ASHOK DAS
S/O- BHRIGU RAM DAS
R/O- VILL.- SATDALA
P.O. BAGTA
DIST.- KAMRUP
ASSAM.
3: BHADRA BAISHYA
Page No.# 33/57
S/O- MONMOHAN BAISHYA
R/O- VILL.- RAMPUR
P.O. MUKALMUWA
DIST.- NALBARI
ASSAM.
4: PANKAJ MEDHI
S/O- RAM PRASAD MEDHI
R/O- VILL.- MAZARKURI
P.S. RAMDIA
DIST.- KAMRUP
ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR
GUWAHATI-06.
2:THE COMMISSIONER TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR
GUWAHATI-06.
3:THE DIRECTOR
HEALTH AND FAMILY WELFARE
ASSAM
HENGRABARI
GUWAHATI- 781036.
4:THE JOINT DIRECTOR
HEALTH SERVICES
CACHAR
SILCHAR
ASSAM
PIN- 788101.
5:THE JOINT DIRECTOR
HEALTH SERVICES
DARRANG DISTRICT AT MANGALDOI
ASSAM
PIN- 784125.
------------
Advocate for : MR. D DUTT
Advocate for : SC
HEALTH appearing for THE STATE OF ASSAM AND 4 ORS.
Page No.# 34/57
Linked Case : WA/160/2020
PULAK KALITA AND 2 ORS.
S/O- GAJENDRA NATH KALITA
R/O- VILL.- HUSSAIN CHUBURI
P.O. SANTIPUKHURI
DIST.- DARRANG
ASSAM.
2: ASHIM SARMA
S/O- RATNESWAR SARMAH
R/O- VILL.- SANTIPUKHURI
DIST.- DARRANG
ASSAM.
3: KESHAB BARUAH
S/O- SANARAM BARUAH
R/O- VILL.- SAIKIAPARA
P.O. PHULAGURI
DIST.- DARRANG
ASSAM.
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR
GUWAHATI-06.
2:THE DIRECTOR
HEALTH SERVICES
ASSAM
HENGRABARI
GUWAHATI- 781036.
3:THE JOINT DIRECTOR OF HEALTH SERVICES
CACHAR
SILCHAR
ASSAM.
------------
Advocate for : MR. D DUTT
Advocate for : SC
HEALTH appearing for THE STATE OF ASSAM AND 2 ORS.
Linked Case : WA/172/2020
Page No.# 35/57
DIPUMANI SAIKIA AND 7 ORS.
S/O- GIRINDRA SAIKIA
R/O- VILL.- BORATHIABARI
P.O. JANARAM CHOWKA
DIST.- DARRANG
ASSAM.
2: KAMAL KRISHNA BARUAH
S/O- BALO RAM BARUAH
R/O- VILL.- KATARA
P.O. SANTIPUKHURI
DIST.- DARRANG
ASSAM.
3: ANWARUZZAMAN MAZUMDAR
S/O- SAMSUM HAQUE MAZUMDAR
R/O- VILL.- KANAPAR PART-II
P.O. KANAPAR
DIST.- CACHAR
ASSAM.
4: BIJU CHUTIA
S/O- GOBINDA CHUTIA
R/O- VILL.- AHUCHALGAON
P.O. NORTH LAKHIMPUR
DIST.- LAKHIMPUR
ASSAM.
5: NABA KALITA
S/O- TIKHESWAR KALITA
R/O- VILL.- DAKHIN CHUBURI
P.O. SIPAJHAR
DIST.- DARRANG
ASSAM.
6: MD. IKRAMUL HUSSAIN
S/O- FIZNUR ALI
R/O- VILL.- MOIDOMAI
P.O. MOIDAMAI
DIST.- LAKHIMPUR
ASSAM.
7: PANKAJ SAIKIA
S/O- GOBIN SAIKIA
R/O- VILL.- GENDHALIPAR
P.O. NAWBAICHA
DIST.- LAKHIMPUR
Page No.# 36/57
ASSAM.
8: ANANTA KAKATI
S/O- SABHARAM KAKATI
R/O- VILL.- KALITAGAON
P.O. KHAGA
DIST.- LAKHIMPUR
ASSAM.
VERSUS
THE STATE OF ASSAM AND 7 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR
GUWAHATI-06.
2:THE COMMISSIONER TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR
GUWAHATI- 06.
3:THE DIRECTOR
HEALTH AND FAMILY WELFARE
ASSAM
HENGRABARI
GUWAHATI- 781036.
4:THE JOINT DIRECTOR
HEALTH SERVICES
ASSAM
HENGRABARI
GUWAHATI
PIN-781036.
5:THE JOINT DIRECTOR
HEALTH SERVICES
DARRANG
DISTRICT AT MANGALDOI
ASSAM
PIN- 784125.
6:THE JOINT DIRECTOR
HEALTH SERVICES
LAKHIMPUR DISTRICT
P.O. NORTH LAKHIMPUR
ASSAM
PIN- 787001.
7:THE JOINT DIRECTOR
Page No.# 37/57
HEALTH SERVICES
SONITPUR DISTRICT
P.O. TEZPUR
ASSAM
PIN- 784001.
8:THE JOINT DIRECTOR
HEALTH SERVICES
JORHAT DISTRICT
P.O. JORHAT
ASSAM
PIN- 785001.
------------
Advocate for : MR. D DUTT
Advocate for : SC
HEALTH appearing for THE STATE OF ASSAM AND 7 ORS.
Linked Case : WA/168/2020
BIMAL CH. SARMA AND 3 ORS.
S/O- RATNESWAR SARMA
R/O- VILL.- SANTIPUKHURI
P.O. SANTIPUKHURI
DIST.- DARRANG
ASSAM.
2: ANIRUDDHA DEKA
S/O- KANAK CHANDRA DEKA
R/O- VILL.- MENAPARA
P.O. DHULA
DIST.- DARRANG
ASSAM
3: SONTI DAS
S/O- MAMAT CH. DAS
R/O- VILL.- AMTOLA
P.O AMTOLA
DIST.- KAMRUP(R)
ASSAM.
4: RANA SAHARIA
S/O- KAMALA SAHARIA
R/O- VILL.- BAR ATHIABARI
P.O. JONARAM CHOWKA
DIST.- DARRANG
Page No.# 38/57
ASSAM.
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR
GUWAHATI-06.
2:THE DIRECTOR
HEALTH SERVICES
ASSAM
HENGRABARI
GUWAHATI- 781036.
3:THE JOINT DIRECTOR
HEALTH SERVICES (M)
-CUM- SPO
NVBDCP
ASSAM
CHRISTIANBASTI SAIKIA COMPLEX
GUWAHATI-05.
4:THE JOINT DIRECTOR OF HEALTH SERVICES
DHUBRI
ASSAM.
------------
Advocate for : MR. D DUTT
Advocate for : SC
HEALTH appearing for THE STATE OF ASSAM AND 3 ORS.
-B E F O R E -
HON'BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA
HON'BLE MR. JUSTICE SOUMITRA SAIKIA
For the Appellants : Mr. K.N. Choudhury, Senior Advocate
Mr. R.P. Sarmah, Senior Advocate
Mr. U.K. Nair, Senior Advocate
Mr. P.K. Goswami, Advocates
Mr. B.P. Borah, Advocate
Mr. A.U. Ahmed, Advocate
Page No.# 39/57
Mr. R. Singha, Advocate
For the Respondents : Mr. D. Saikia,
Advocate General, Assam.
Mr. B. Gogoi,
Standing Counsel, Health Deptt.
Ms. R.B. Bora,
Standing Counsel, BTC.
Date of Hearing : 8th & 9th November, 2021.
Date of Judgment & order : 9th November, 2021.
JUDGMENT & ORDER
(Sudhanshu Dhulia, CJ)
All these Writ Appeals have been filed before this Court challenging the
judgment of the learned Single Judge dated 13.03.2020 by which the writ
petitions filed by the appellants/writ petitioners were dismissed.
2. The appellants/ writ petitioners were appointed as Surveillance Workers
under the Health Department in various districts of the State of Assam from
1999 onwards and at some point of time in the year 2015/2016 it was detected
that many of the Surveillance Workers were never appointed by the concerned
authority. In fact, no procedure was adopted for their appointment and in many
of the cases there were no appointment order at all. Consequently, an exercise
was undertaken by the Government of Assam in the year 2016/2017 for
detecting such cases.
3. Before we proceed to discuss the exercise undertaken by the Government
of Assam, a brief description is considered necessary as regarding the post of
Surveillance Worker in the State of Assam. Pending finalisation of Service Rules
Page No.# 40/57
to be framed under Article 309 of the Constitution of India, the Governor of
Assam was pleased to pass an Order regulating recruitment and the conditions
of service of persons appointed as Para-Medical and Non-Gazetted Staff under
the establishment of the Director of Health Services, Assam. The Order is known
as "The Assam Vector Borne Disease Control Programme Workers Service
Orders, 2006". At Paragraph No.3 of the Order, Class and Cadres are given. It
reads as under:-
"3. Class and Cadres :
(1) The Service shall consist of the following Classes and Cadres :-
(i) Surveillance Worker (SW) and Basic Health Worker (BHW).
(ii) The Surveillance Worker (SW) and Basic Health Worker (BHW),
working in various institutions in a district shall constitute separate
cadre in respect of each district.
(2) The service may also include any cadre or post as laid down by the
Government from time to time, to be included in a cadre of the service.
(3) The status of the members of the service shall be non-gazetted in Class-III
service under the Government."
The method of recruitment is given in Paragraph Nos.5 and 6. It reads as
under:-
"5. Method of Recruitment :
Recruitment to the service shall be made in the following manner:-
Recruitment to all cadres of service shall be made by direct recruitment in
accordance with paragraph 6 of these orders.
6. Direct Recruitment:
Direct Recruitment to cadre of SW, BHW shall be made by the Appointing
Authority on the basis of selection made by the Board in order of preference in
the following manner:-
(1) (i) Before the end of each year the Appointing Authority shall make an
assessment of the number of vacancies, which are likely to occur in the next
year and work out the details about reservation for candidates belonging to
Schedule Castes, Schedule Tribes or any other category as laid down by the
Page No.# 41/57
Government.
(ii) The Appointing Authority shall then invite applications through
advertisement to be publish in at least two widely circulated local news papers
of Assam.
(iii) On receipt of applications in response to the advertisement, Appointing
Authority shall prepare a statements of all the candidates and forward it to the
Board together with details about vacancies and reservation as assessed under
clause (i) of this sub-paragraph and copies of advertisement and the original
applications of the candidates and such other information as may be considered
necessary for consideration of Board. The Appointing Authority shall
simultaneously request the Board to recommend a list of candidates in order of
preference containing names equal to the number of vacant posts as advertised.
(iv) The Board shall make the selection by taking into account the academic
record of candidates and performance in the interview and recommend a list of
successful candidates in order of preference containing names equal to the
number of vacant posts as advertised and forward the said list to the
Appointing Authority for its approval.
(v) On receipt of the list recommended by the Board, the Appointing Authority
shall approve the list unless it considers any change necessary. In case the
Appointing Authority considers it necessary to make any change in compliance
of any Government Rules, Orders, Instructions or any statutory provisions it
may after taking into account the comments of the Board, in this regard, may
approve the list with such modification, if any, as may in its opinion be just and
proper.
(vi) The list as finally approved by the Appointing Authority shall form the select
list and the appointments shall be made from out of that select list in
accordance with the order of preference in the list.
(2) The Select list shall remain valid for 12 calendar months from the date of its
publication by the Appointing Authority at least in a local daily news paper and
also by such other means as may be considered appropriate by the Appointing
Authority.
(3) In the event of the Board being unable to recommend sufficient number of
candidates to fill up the vacancies in a year or in the event of any candidate
whose names appears in the select list and appointment is offered fails or
refuses to join in the post offered to him, the Appointing Authority shall, in
conclusions with the Board repeat the procedure as mentioned hereinbefore
under sub-paragraph (1) of this paragraph to recommend a subsequent list in
respect of the remaining vacant posts:
Provided that the Appointing Authority shall not make appointment of any
candidate from the subsequent select list until all the candidates of the earlier
select list of the same year, eligible for appointment have been offered the
appointment."
The total cadre strength of Surveillance Workers is given in Schedule-I,
which is 1679 and it is spread out in various districts of Assam.
Page No.# 42/57
4. It appears that in many cases these Surveillance Workers (many of whom
are before us today) were appointed in one district and after a few years or so,
were transferred to another district. It also appears from the record that
subsequent to transfer of these Surveillance Workers, anomalies were detected
which is apparent from the first letter of the Government dated 31.12.2016,
which is from the Deputy Secretary to the Government of Assam, Health &
Family Department to the Director of Health Services, Assam. The letter reads
as under:
" With reference to the above I am directed to inform you that the service
details as regards appointment letter transfer order for one district to another
etc. of all; Surveillance Workers working in the State of Assam is required to be
examined in detail in a time bound manner to determine all fake
transfer/appointment.
In this regard you are requested to formulate modalities and also to form
and submit a Screening Committee for verification of records in a time bound
manner.
Report on formation of Screening Committee & formulation of modalities
may be submitted to this Department latest by 4/1/2017 so that the entire
verification process in respect of all SWs can be completed on or before
15/2/2017.
This is for favour of your information and necessary action."
5. There is another order of the Government dated 07.01.2017, which is from
the Commissioner & Secretary to the Government of Assam, Health & Family
Welfare Department, which reads as under:-
" ORDER
No. HLA.1007/2016/122: Whereas, it has come to the notice of the
Government that many Surveillance Workers had joined in the offices of the
Joint Director of Health Services in various district of the State, purportedly on
transfer from another district Head Quarter.
Whereas, on enquiry it has been found that in a large number of cases
these so called transfer orders were fake and hence such joining in another
district based on such transfer orders were/are ab-initio invalid.
Page No.# 43/57
Whereas, prima facie on the basis of enquiry conducted by the CM's
Special Vigilance Cell and other departmental enquiries conducted so far and
based on preliminary reports of such enquiry, a large number of fake
appointments have been detected.
Whereas, the Director of Health Services, Assam has already taken action
on 312 numbers of such fake appointees by terminating their services till date
from 2015 at different dates as and when such cases are detected and reported
through proper enquiry by the enquiry agencies.
Whereas, the enquiry is still going on for detection of fake appointees and
periodically such cases of fake appointments are still being detected in different
districts of the state, and whereas, there is every possibility of coming out of
more such cases to the light specially in the post of SW (surveillance Worker)
and whereas it is important to examine in detail in a time bound manner, all
such cases of fake transfer/appointments, the Government has decided to get
the appointment letters/records of all the SW employees serving in the state at
present verified by the Director of Health Services, Assam and till such
verification is complete, the salaries in respect of all SW employees shall be
withheld with immediate effect till the genuineness of appointment of each
individual incumbent is otherwise established.".
6. Consequent to the above, five Screening Committees were constituted for
different districts by the Government of Assam through its letter dated
10.01.2017 in order to examine the veracity of the documents of the
Surveillance Workers. The preliminary reports of these Committees were placed
before the Government by the letter of the Director of Health Services, Assam
dated 15.02.2017, which reads as under:
"Sir,
With reference to the subject cited above, I am to state that the process of
verification of Surveillance Worker (SW) by the Screening Committee was held
w.e.f. 19/1/2017 to 1/2/2017, during the verification process some anomalies
as well as few fake appointment letters have been suspected. Some districts
have not submitted the complete details of Surveillance Worker (SW) and from
Dibrugarh district more than 120 nos. of SW didn't turn up for verification
process and from Sivasagar about 10-15 nos. didn't turn up and a few from
other districts. The proper list was also not furnished during the verification
process. Few candidates did not have original appointment letters, some
couldn't even produced photocopy of appointment letter. Some SW have doubtful
service books. Some of the submitted documents found to be fake on
verification. The service books of some of SWs were not properly maintained.
Though asked the Joint DHS and his/her staff along with the Surveillance
Page No.# 44/57
Worker with all relevant records to be present during the time of screening but
few districts have not furnished the complete records. The Joint DHS Cachar
has removed 5 nos. of SW from Cachar district in a hasty manner based on a
forged letter and the same is also neither reported nor informed verbally during
verification period. On 27/1/2017 a letter and WT message was received with
enclosures regarding the removal. Show cause notices are also issued regarding
non submission of records. During verification it was observed that the
Surveillance Worker are mostly appointed by the Districts Authority i.e.
DMO/CM & HO/Joint DHS and they are to be certified by the Joint DHS
regarding their genuineness whose documents records are not found to be
proper. In the year 2008, 464 Nos. of SW were appointed and in the year 2015,
85 Nos. SW were appointed in Morigaon/Nagaon district by this Directorate
with few backlog/compassionate ground appointment of SW.
Now, this Directorate is compiling all the records and need further
assistance of the Joint DHS and his/her staff to fully certify the genuineness of
the Surveillance Worker. Accordingly, this Directorate desires to call again all
the Joint DHS and concerned staff with records to give the final touch of the
compiled reports.
In view of the facts stated above, I have the honour to request Govt. to
kindly extend the date of submission of verification reports of SW upto 5 th
March, 2017 so to enable this Directorate to submit a complete useful, authentic
report to the Govt. for further necessary action.
This is for favour of information and necessary approval of the Govt."
7. The first meeting of the Screening Committees was held on 19.01.2017 and
01.02.2017, but since some of the Surveillance Workers could not appear,
another chance was given on 27.02.2017 and 28.02.2017. Thereafter, another
chance was given on 18.03.2017 and ultimately the fourth meeting in respect of
the remaining candidates took place on 19.04.2017 and 26.04.2017, but even at
this stage there were 10 candidates who did not appear and their names were
published in the newspapers giving them final notice to appear and show their
documents in order to prove the veracity of their appointment. Ultimately the
Government came to the conclusion that this is a case of 203 Surveillance
Workers who had obtained appointment by wrong means, either they have not
been able to show their appointment letters or in many cases where they have
been able to show their appointment letters, the veracity of those appointment
Page No.# 45/57
letter have not been established, inasmuch as, there is no such corresponding
document available in the office of the Joint Director of Health Services or the
Director of Health Services. In fact, in many cases where they were initially
appointed in district 'A' and thereafter, after 2/3 years transferred to district 'B',
there is evidence to this effect that before their transfer many of them did not
even receive their salary and they started receiving their salary only after they
were transferred to another district as Surveillance Worker. In order to give an
example of how the Committees proceeded, a district wise break up has been
given. The procedure before the Screening Committee was that the
responsibility was fixed on the concerned Joint Director of Health Services of the
district, who was to appear before the Committee with all the documents along
with the Dealing Assistant/Head Assistant and along with all the Surveillance
Workers who were directed to appear before the Screening Committee
personally. For example, for the district of Sivasagar, the observations of the
Committee are as under:-
1. Sivasagar The Joint Director of Health Services
Sivasagar directed to appear before
the Screening Committee along with
the Dealing Assistant/Head
Assistant and all Surveillance Worker
are also directed to appear before the
Screening Committee personally.
On 1st Feb, 2017 the Joint Director of
Health Services Sivasagar submitted
a list of 43 Surveillance Worker (SW)
and all appeared before the
Screening Committee. However, the
Joint Director of Health Services
Sivasagar did not furnish data of
remaining 26 Nos. of Surveillance
Page No.# 46/57
Worker. Accordingly, a show cause
notice is also issued to the Joint DHS
Sivasagar. The Joint Director of
Health Services, Sivasagar and their
concerned Dealing assistant are
directed to appear again before the
Screening Committee on 28/2/2017
to further verify the authenticity and
genuineness of the Surveillance
Worker (SW). On verification on 1 st
Feb, 2017 and 28/2/2017 it is found
that the 43 nos. of SW employees'
verification is made and found
correct. On the basis of certificate
given by the Joint DHS Sivasagar in
respect of the appointment which
was made by the District Authority
i.e. Joint Director of Health
Services/District Malaria Officer etc.
The appointment which was directly
made by the Director of Health
Services Assam is found correct. On
the other hand on 28/2/2017, 26
Nos. of SW appear before the
Screening Committee and the
records/documents submitted by
them are verified but the documents
not tallied with the Director of Health
Service office record. The salary of
these 26 nos. of employees may be
stopped due to non submission of
genuine documents. The name of the
1. Kiron Bora, SW
2. Sanjib Gogoi, SW
3. Manas Pratim Deka, SW
4. Sudipta Manob Dutta, SW
5. Arup Borpatra Gohain, SW
6. Abhijit Chetia, SW
7. Ujjal Chetia, SW
Page No.# 47/57
8. Bhaskar Boruah, SW
9. Diganta Sonowal SW
10. Kalyan Kr. Dehingia, SW
11. Debajit Borgohain, SW
12. Ranjeet Handique, SW
13. Rupak Handique, SW
14. Ashim Saikia, SW
15. Pranab Jyoti Kalita, SW
16. Meghali Borah, SW
17. Ajoy Rajkonwar,
18. Mukul Konwar,
19. Ciron Handique
20. Atul Saikia,
21. Rashmi Rekha Gogoi, SW
22. Dipankar Gogoi, SW
23. Rekha Saikia Bora
24. Nazil Ara Ahmed,
25. Dipankar Gogoi, SW
26. Monika Dehingia
The Statement of verification of SW of
Sivasagar district is annexed as
Annexure-1.
8. Similar observations are there for the district of Dibrugarh where maximum
number of cases were detected, such as 131, and so on. The matter was further
verified and as per the final tally, the number of candidates who were initially
131 for Dibrugarh, were found to be 127 in the final tally. For Sivasagar district,
it was 26 and so on. The final tally reads as under:-
Consolidated statement of re-verification of Surveillance Worker (SW) whose salary not yet released
Sl. District Total No. of No. of SW No. of SW No. of SW No.of SW Total of
No. SW re- who whose whose who didn't Column of
verified appeared for appointmen appointmen appear for 6&7
re- t found to t found to re-
verification be genuine be not verification
genuine
and not
submitted
authentic/g
Page No.# 48/57
enuine
documents
1 Barpeta 4 4 0 4 0 4
2 Baksa 2 2 0 2 0 2
3 Cachar 8 8 0 8 0 8
4 Goalpara 6 6 0 6 0 6
5 Golaghat 4 4 0 4 0 4
6 Lakhimpur 1 1 0 1 0 1
7 Sonitpur 17 17 2 15 0 15
8 Sivasagar 26 26 0 26 0 26
9 Tinsukia 10 10 0 10 0 10
10 Dibrugarh 128 121 1 120 7 127
Total 206 199 3 196 7 203
Sd/-
Tankeswar Das, ACS,
Addl. Director of Health Services".
9. Pursuant to the letter of the Government dated 19.06.2017, the Director
passed the following order:
" No. HSE/SW/Genuineness/254/2016/10217-27 Dated 21st June, 2017
From: The Director of Health Services, Assam
Hengrabari, Guwahati-36
To : The Joint Director of Health Services,
Lakhimpur/Dibrugarh/Sonitpur/Golaghat/BarpetaGoalpara/Tinsukia/
Baksa/Cachar/Sivasagar
Sub: Removal of Surveillance Worker (SW)
Ref : Govt. Letter No. HLA.1007/2016/278 dated 19/6/2017
Sir/Madam,
As per Govt. letter vide No. HLA.1007/2016/278 dated 19/6/2017, I am
directed to request you to remove the Surveillance Worker (SW) of your district
with immediate effect as per list enclosed who were not found genuine during
verification/screening and also not able to prove the genuineness of their
appointments. In this connection, the Sr. Additional Advocate General, Assam
has given his opinion as "From the scrutiny/verification conducted by the
Department through the Screening Committees it is apparent that the 378
aforesaid Surveillance Workers are illegal appointees out of which 175 Nos.
Surveillance Workers have already been terminated. Thus, in my considered
opinion, the left out 203 nos. of Surveillance Workers deserve identical
Page No.# 49/57
treatment and should also be removed being illegal appointees and there is no
requirement of issuing any show cause notice now, as the screening committee
have already granted them fair opportunity to defend their status in service."
Further, the Sr. Advocate General has also suggested that "it is also necessary
to ascertain service of the termination order upon the incumbents. Furthermore,
"it is apparent from the screening committee report that the appointments were
illegal, therefore the department also requires to initiate appropriate
Departmental enquiry as well as proceeding to find out the persons/officials
responsible for such illegal appointments which has resulted in draining out of
public exchequer".
You are therefore, requested to remove the Surveillance Worker
immediately as directed by the Govt. as per list enclosed of your respective
district. The districtwise figure is shown below:
Sl. District No. of SW to remove
No.
Beside this, you are also requested to lodge FIR against the persons and officials
responsible/involved in such illegal appointments.
Yours faithfully,
Sd/
Director of Health Services, Assam
Hengrabari, Guwahati-36".
10. Thereafter, in the case of final of 203 candidates, individual letters of
termination were passed. Each of the Joint Director heading the Health
Department of the district passed an order of termination of such Surveillance
Workers under him. One such order passed by the Joint Director of Health
Page No.# 50/57
Services, Tinsukia is quoted below:
"Office of the Joint Director of Health Services :: Tinsukia
District :: Tinsukia
No.2853/vide DHS Assam order No.HSE/SW/Tin/78/2016/5453 dt. 15/7/2016, the under
mentioned incumbents working in different PHC of this District are hereby dismissed/removed
from Services with immediate effect.
Sl. Name of employees Designation Present place of posting
No.
1. Sri Chandra Borgohain SW KetetongPHC
2. Sri MintuGogoi SW KakopatherPHC
3. Sri Apurba Kumar Bora SW KakopatherPHC
4. Sri Siva SarthakSaikia SW HapjanPHC
5. Sri PrakashPhukan SW KakopatherPHC
6. Sri BhupenKonwar SW HapjanPHC
7. Sri PabanChouhan SW KakopatherPHC
8. Smt. JoyaSonowal SW KakopatherPHC
9. Smt.ArunaGogoi SW KakopatherPHC
10. Smt.BantiSonowal SW KakopatherPHC
11. Smt.RatnaSonowal SW KakopatherPHC
12. Sri Surendra Mohan Gogoi SW KetetongPHC
13. Smt. SwapnaBorgohain SW Na-SadiyaPHC
14. Sri BipulKalita SW HapjanPHC
15. Smt.MenokaDewri SW KetetongPHC
16. Sri SimantaBaruah SW Already expired
17. Smt.DibyaJyotiSonowal SW KakopatherPHC
18. Sri TikendrajitGogoi SW HapjanPHC
Page No.# 51/57
19. Sri NayanJyotiGogoi SW Na-SadiyaPHC
20. Sri Bholaram Das SW HapjanPHC
21. Sri Keshab Ch. Gogoi SW KetetongPHC
22. Sri RiturajChetia SW HapjanPHC
23. Sri Pranab Kr. Raja SW KakopatherPHC
24. Sri DreamjyotiSonowal SW KakopatherPHC
25. Sri PawanThapa SW Hapjan PHC
11. It is an admitted case that although the order was a combined order, it was
individually marked and given to each Surveillance Worker. This order of
termination was challenged by the appellants/ writ petitioners before the
learned Single Judge. The main ground of challenge raised by the appellants/
writ petitioners before the learned Single Judge was that their appointment
cannot be called to be illegal, though it may be irregular and, in any case, their
appointments were made by the appointing authority and even presuming there
is a violation in the process of their appointment, since they had already put in
long years of service, an opportunity of hearing in the form of a show cause
notice was liable to be given and a speaking order in each case was liable to be
passed.
12. The stand of the Government, on the other hand, was that it is not merely
a case of irregularity in appointment, rather it is a matter of serious concern as
for a long period these appointment were made in total violation of law for
extraneous considerations and in fact, it is in the nature of a scam which has
been unearthed subsequently by the Government. It has also been stated at the
Bar that the highest official of the State Government in the Health & Family
Welfare Department i.e. the Director of Health Services is presently facing a
Page No.# 52/57
criminal trial along with other officials.
13. Mr. K.N. Choudhury, learned senior counsel representing some of the
appellants would argue that in this case there was a clear violation of the
principles of natural justice and fair play, there was no notice, no enquiry, even
the termination order is a one line order and it is not a speaking order and,
therefore, on this ground alone the writ appeals are liable to be allowed. In
support of his contention, Mr. Choudhury has also placed reliance on a
judgment of the Apex Court in the case of Shrawan Kumar Jha & Ors. -vs-
State of Bihar & Ors., reported in 1991 Supp. (1) SCC 330. The appellants
in the said case before the Apex Court were Assistant Teachers who were
appointed by the District Superintendent of Education, Dhanbad, who had no
authority to make such appointments and, therefore, for the said reason their
appointments were cancelled. The contention of the appellants was that
subsequent to their appointment they had already joined their respective
schools and were rendering their services. The Hon'ble Apex Court ultimately
held in Paragdraph-3 of the judgment as under:-
" .....................................In the facts and circumstances of the case, we are of
the view that the appellants should have been given an opportunity of hearing
before cancelling their appointments. Admittedly, no such opportunity was
afforded to them. It is well settled that no order to the detriment of the
appellants could be passed without complying with the rules of natural justice.
We set aside the impugned order of cancellation dated November 3, 1988 on
this short ground. As suggested by the learned Solicitor General, we direct that
the Secretary (Education), Government of Bihar, or to other person nominated by
him should give an opportunity of hearing to the appellants and thereafter give
a finding as to whether the appellants were validly appointed as Assistant
Teachers. He shall also determine as to whether any of the teachers joined
their respective schools and for how much duration. In case some of them joined
their schools and worked, they shall be entitled to their salary for such period."
14. In other words, the argument of the learned senior counsel is that even
assuming that the appointments of the appellants/ writ petitioners were
Page No.# 53/57
irregular, bad or illegal, considering the facts and circumstances of the case and
the fact that they had already put in long years of service, an opportunity of
hearing was liable to be given to them before passing the termination order.
15. Mr. D. Saikia, learned Advocate General, Assam admits the legal position
that in normal cases an opportunity of hearing is liable to be given, but such
was not the situation in the case at hand. According to him, it was not a case
where one or two individual appointments were made which were irregular or
illegal and subsequently they were cancelled in violation of the provisions of law.
In the present case, some Government officials in connivance with others had
issued fake appointment letters and had given appointment to as many as 373
persons. In fact, proceedings against 170 had already taken place previously
(they are not before this Court). Presently in case of 203 candidates,
termination order has been passed. An opportunity of hearing need not be given
in every case, particularly in the case which is presently before this Court. In
support of his contention, the learned Advocate General placed reliance upon a
judgment of the Apex Court in the case of State of Manipur & Ors. -vs- Y.
Token Singh & Ors., reported in (2007) 5 SCC 65, wherein appointment
orders were issued by an authority which was not authorised to pass such
orders and subsequently those appointments were cancelled. The petitioners
challenged the cancellation of their appointment before the learned Single
Judge in a writ petition. The writ petition was allowed and the writ appeal of the
State was dismissed. Consequently, the State of Manipur approached the
Hon'ble Apex Court in appeal. The Apex Court relying upon a series of its earlier
judgments held as under:-
"17. If the offers of appointments issued in favour of the respondents herein
were forged documents, the State could not have been compelled to pay salaries
Page No.# 54/57
to them from the State exchequer. Any action, which had not been taken by an
authority competent therefor and in complete violation of the constitutional and
legal framework, would not be binding on the State. In any event, having regard
to the fact that the said authority himself had denied to have issued a letter,
there was no reason for the State not to act pursuant thereto or in furtherance
thereof. The action of the State did not, thus, lack bona fides.
18. Moreover, it was for the respondents who had filed the writ petitions to
prove existence of legal right in their favour. They had inter alia prayed for
issuance of a writ of or in the nature of mandamus. It was, thus, for them to
establish existence of a legal right in their favour and a corresponding legal
duty in the respondents to continue to be employed. With a view to establish
their legal rights to enable the High Court to issue a writ of mandamus, the
respondents were obligated to establish that the appointments had been made
upon following the constitutional mandate adumbrated in Articles 14 and 16 of
the Constitution of India. They have not been able to show that any
advertisement had been issued inviting applications from eligible candidates to
fill up the said posts. It has also not been shown that the vacancies had been
notified to the employment exchange.
It was then stated as under:-
22. The respondents, therefore, in our opinion, were not entitled to hold the
posts. In a case of this nature, where the facts are admitted, the principles of
natural justice were not required to be complied with, particularly when the
same would result in futility. It is true that where appointments had been made
by a competent authority or at least some steps have been taken in that behalf,
the principles of natural justice are required to be complied with, in view of the
decision of this Court in Murugayya Udayar [1991 Supp (1) SCC 331] .
16. In Kendriya Vidyalaya Sangathan & Ors. -vs- Ajay Kumar Das &
Ors., reported in (2002) 4 SCC 503, the Hon'ble Apex Court has held that
where the appointment order itself is a nullity, there is no necessity of giving a
show cause to the employee while terminating his service.
17. We have also considered the order of the learned Single Judge in great
detail. The learned Single Judge has considered each and every aspect of the
matter, including all the arguments which have been canvassed before this
Court by the two senior Advocates.
Page No.# 55/57
18. Under the facts and circumstances of the case, we are unable to take a
view which is different from what has been taken by the learned Single Judge.
All the same, it is also apparent that an observation has been made by the
learned Single Judge in Paragraph No. 19 of impugned order to the effect that
none of the petitioners could show an appointment letter. It has been canvassed
before this Court that what was submitted before the learned Single Judge was
that none of the appellants/writ petitioners were having an appointment order
in their favour, whereas some of the writ appellants before this Court, we must
say in all fairness, have shown documents which are said to be their
appointment letter. We have studied the enquiry report and the findings of the
Committees in great detail. We must admit that many of these appointment
letters were examined by the Committee and the Committee came to the
conclusion that some of them are not genuine. For example, in case of Barpeta
district there were 33 cases, out of which the Committee found 29 to be
genuine only in cases of 4 candidates (Surveillance Worker), the finding was
that they were not having genuine appointment order/documents. So, it is not
the case that these appointment orders which are being shown to us were not
examined by the Screening Committee. Therefore, it is not a case where an
opportunity has not been given to the appellants/ writ petitioners to prove the
veracity of their documents and justify their appointment as Surveillance Worker.
Many succeeded in proving their case and they are still in service. Only in those
cases where either there was no appointment letter or their letters were found
to be forged, the extreme order of termination of their services was passed.
Therefore, in our view there is no violation of the principles of natural justice
and fair play, considering the peculiar facts and circumstances of the case.
19. In any case, while we dismiss the writ appeals; purely as an abundant
Page No.# 56/57
precaution and in the interest of justice, we direct that although we have not
interfered in the matter, and considering the fact that some of the
appellants/writ petitioners may be having a genuine appointment letter/
document in their favour to show that their appointment was not a fake
appointment, such a candidate will be at liberty to appear before the Committee
(which would be constituted by us in this order). The Committee shall examine
the veracity of the documents and in case after necessary enquiry and
verification it comes to the conclusion that these documents are genuine, such
Surveillance Workers shall be reinstated in service forthwith with all backwages.
The reverse, however, should also be true. We also make it clear that in case
the Committee comes to the conclusion that a deliberate attempt has been
made to show a forged and fabricated document before them then the
Committee would be at liberty to take necessary action in accordance with law.
In order to reach fairness in the matter, the Committee which shall examine the
documents shall consist of the Director of Health Services, Assam and in case
the Director of Health Services, Assam is not available, then the senior most
Additional Director of Health Services, Assam; and the Legal Remembrancer of
the State. The two members in consultation with themselves, shall co-opt a
third member of the Committee, who should be at least a Secretary rank officer.
The three-member Committee shall examine these documents. All the
appellants before us are at liberty to show their documents before the
Committee within a period of three weeks from today. The date which has been
suggested by the learned Advocate General, Assam and the learned counsel for
the appellants is 10.12.2021. Let all the appellants appear before the Committee
on 10.12.2021 in the office of the Director of Health Services, Assam,
Hengrabari, Guwahati. The learned Advocate General, Assam shall also give all
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logistical details to the learned counsel for the appellants in order to facilitate
appearance of the appellants before the Committee.
20. Apart from this, a notice will also be issued by the State Government in
the newspapers so that the concerned candidates may appear before the
Committee on the date fixed. It is made clear that no individual notice is
required in the matter.
JUDGE CHIEF JUSTICE
Comparing Assistant
