Page No.# 1/9 vs Gunakanti Gohain And 26 Ors
2021 Latest Caselaw 2958 Gua

                                                                     Page No.# 1/9

GAHC010159692021




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

                         Case No. : I.A.(Civil)/1600/2021
                                         in
                               WP(C)/2940/2021

         GEETANJALI KALITA AND 6 ORS.
         R/O VILL. RONGMILI, P.O. DIPHU, DIST. KARBI ANGLONG, PIN 782460,
         ASSAM.

         2: SRIMATI DEBOJANI NEOG
          C/O SRI PHUMANT TIMUNG
          R/O VILL. RONGMONGVE
         WARD NO. 5
          NEAR DIPHU GOVT. COLLEGE
          DIPHU
         TIMUNG COMPLEX
          P.O.AND P.S. DIPHU
          DIST. KARBI ANGLONG
          PIN 782460
         ASSAM.

         3: SRMATI H. MEERABATI DEVI

          R/O AMLAPATTY
          FISHERY ROAD
          P.O. AND P.S. DIPHU
          DIST. KARBI ANGLONG
          PIN 782460
          ASSAM.

         4: SOMEE RONGPI
          C/O MR. MAISING ENGTI
          R/O WARD NO. 6
          RONGPANGRI
         AGCC COLONY
          NEAR PIRBI MARKET
          P.O. AND P.S. DIPHU
                                                       Page No.# 2/9

DIST. KARBI ANGLONG
PIN 782460
ASSAM.

5: SRIMATI MANONI BALIMORA
 C/O SRI MONOJ GOGOI
 R/O D.C. COLONY
 P.O. AND P.S. DIPHU
 DIST. KARBI ANGLONG
 PIN 782460
ASSAM.

6: SRIMATI MIRDALIM RONGPHARPI
 C/O DR. MONGVE KRO
 R/O RONGMONGVE TEACHERS COLONY
 NEAR NINE LAKH P.H.E.
 P.O. AND P.S. DIPHU
 DIST KARBI ANGLONG
 PIN 782460
ASSAM.

7: SRIMATI ANJU THAKURIA BORAH

C/O SRI RANJAN KUMAR BORAH
R/O GAURISAGAR TINIALI (NEAR MITONG BRIDGE)
P.O. GAURISAGAR
DIST. SIVASAGAR
PIN 78566

VERSUS

GUNAKANTI GOHAIN AND 26 ORS.
W/O DR. AMULYA KUMAR HAZARIKA, R/O ANANDANAGAR, BYE LANE
NO. 3 PRAGJYOTISH APARTMENT, DIST. KAMRUP (M) 781032, ASSAM.

2:KHADEZA KHATUN

W/O DR. S.H. BORBHUYA
R/O NANAK NAGAR
BHANGAGARH
GMCH ROAD
P.O. DISPUR
PIN 781032
ASSAM.

3:JURI BHUYAN
 C/O MATRON OFFICE
 GUWAHATI MEDICAL COLLEGE AND HOSPITAL
                                         Page No.# 3/9

PIN 32

4:UPASANA DEKA

C/O MATRON OFFICE
GUWAHATI MEDICAL COLLEGE AND HOSPITAL
PIN 32

5:SUWALA DEKA

W/O DIPAK DAS
R/O VILL. BORBARI
VIP ROAD
SHIVA NAGAR
P.O. UDAYAN VIHAR
DIST. KAMRUP (M)

6:PANCHAMI DEKA

D/O LATE LAKHIRA DEKA
R/O VILL. E SENIGAON
P.O. GARESHWAR
DIST. BAKSA
ASSAM.

7:REHA BORA

C/O SR. BARNALI BHUYAN
R/O VILL. KALYANPUR
P.O. BISWANATH CHARIALI
DIST. BISWANATH
PIN 784176

8:MINA BALA DAS

C/O ARJUN THAKURIA
HENGRABARI LICHUBAGAN
P.O. HENGRABARI
DIST. KAMRUP (M)
ASSAM
GHY 781036

9:PABITRA DEKA

W/O DEBEN KALITA
R/O SHIVALIK ENCLAVE
BRINDABAN PATH
RUPNAGAR
                                Page No.# 4/9

GUWAHATI

10:BIJAYA LAHON

C/O MUNIN GOGOI
R/O MUNIN GOGOI
R/O RAJGARH
SARASWATI PHARMACY
P.O.RAJGARH
DIST. DIBRUGARH
ASSAM.

11:DEBA BALA TAMULI

CO BRAJEN DUTTA
R/O VILL. RANGAIHABI GAON
P.O. CHALIHA
PIN 785004
DIST. JORHAT
ASSAM.

12:DEVA PROVA PHUKAN NEOG

C/O DR. ANANDA NEOG
R/O SAMMANAY PATH
JAIL ROAD
DIST. JORHAT

13:JUNALI CHUTIA

C/O RAHUL KUMAR DUTTA
R/O TENGAKHAT MODEL HOSPITAL
DIST. DIBRUGARH
PIN 786103

14:HEMA PRAVA HAZARIKA

C/O HARESWAR DAS
R/O TEOK TELIA GAON
P.O. TEOK
DIST. JORHAT
PIN 785112

15:LABANYA DEVI

C/O HRAKANTA DEKA
R/O VILL. MORIGAON
P.O. MORIGAON
                                                       Page No.# 5/9

PIN 782105

16:ARUNA SAIKIA

GMCH
P.O. INDRAPUR
DIST. KAMRUP
ASSAM.

17:NAMITA PATHAK

W/O MOTILALA DAS
R/O GANDHI NAGAR
P.O. BARPETA
DIST. BARPETA
ASSAM.

18:KAJEK INGTIPI
 C/O LATE STEPHEN KILLING
 HAMREN CIVIL HOSPITAL
 P.O. HAMREN
 PIN 782486
 DIST. KARBI ANGLONG

19:MONORAMA SONOWAL

C/O UDDHAB CHANDRA NATH
R/O NEAR ISKON TEMPLE
VILL. RONGTHENG A
P.O. DIPHU
ASSAM
KARBI ANGLONG.

20:THE STATE OF ASSAM

REPRESENTED BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE (A) DEPTT.
DISPUR
GUWAHATI 781006
ASSAM.

21:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM

HEALTH AND FAMILY WELFARE (A) DEPTT.
DISPUR
GUWAHATI 781006
ASSAM.
                                                                     Page No.# 6/9

            22:THE SECY. TO THE GOVT. OF ASSAM

             HEALTH AND FAMILY WELFARE (A) DEPTT.
             DISPUR
             GUWAHATI 781006
             ASSAM.

            23:THE DIRECTOR OF HEALTH SERVICES

             HENGRABARI
             GUWAHATI 781036
             KAMRUP (M)
             ASSAM.

            24:THE ADDITIONAL DIRECTOR OF HEALTH SERVICES (ADMN)
             HENGRABARI
             GUWAHATI 781036
             KAMRUP (M)
            ASSAM.

            25:THE JOINT DIRECTOR OF HEALTH SERVICES (NURSING)
             HENGRABARI
             GUWAHATI 781036
             KAMRUP (M)
            ASSAM.

            26:ALL ASSAM GRADUATE NURSES ASSOCIATION

             HAVING ITS REGISTERED OFFICE AT RUKMINI GAON
             NABRATNA PATH
             REPRESENTED BY ITS GENERAL SECY. SRIMATI JUNU SARMA

            27:SRIMATI JUNU SARMA

             R/O RUKMINIGAON
             NABRATNA PATH
             HOUSE NO. 4
             P.O. KHANAPARA
             GUWAHATI 781002
             DIST. KAMRUP (M)
             GENERAL SECY. OF ALL ASSAM GRDUATE NURSE ASSOCIATION
             HAVING ITS REGISTERED OFFICE AT RUKMINI GAON

Advocate for the Petitioner   : MR. U K NAIR

Advocate for the Respondent : SC, HEALTH
                                                                                   Page No.# 7/9




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                            ORDER

18.11.2021 Heard Shri U.K. Nair, learned Senior Counsel for the applicants, who are the respondent Nos. 9 to 23 in the writ petition, who is assisted by Shri R. Singha. Also heard Shri R.C. Saikia, learned counsel for the opposite parties / writ petitioners. The Department is represented by Shri D.P. Borah.

2. In this application, a prayer has been made for vacation / modification / alteration of an ex-parte interim order dated 17.05.2021 passed in the connected WP(C)/2940/2021. The Senior Counsel submits that pursuant to a direction passed by this Court dated 16.11.2020 in WP(C)/3069/2018, a provisional Gradation List of Ward Sister In-Charge / Sister Tutor under the Directorate of Health Services, Assam has been published on 30.03.2021. The present writ petitioners were respondents in the said writ petition.

3. It is further projected that against the aforesaid Judgment, 3 (three) writ appeals were preferred being W.A./25/2021, W.A./44/2021 and W.A./57/2021, which were dismissed on various dates namely, 01.02.2021, 11.02.2021 and 22.02.2021. Thereafter, the Gradation List dated 30.03.2021 was published. The learned Senior Counsel has submitted that from a reading of the writ petition and from the arguments advanced, which has been recorded in the interim order dated 17.05.2021, it appears that the opposite parties / writ petitioners are satisfied with the publication of the common Gradation List. However, the grievance is that the applicants who are the private respondents are placed above the opposite parties / writ petitioners in spite of the fact that they had joined subsequent to the opposite parties / writ petitioners.

4. Shri Nair, the learned Senior Counsel submits that the projection itself is incorrect as the Gradation List in question is in the cadre of Ward Sister In-Charge / Sister Tutor and not of the feeder cadre namely, Staff Nurse.

5. Shri Saikia, the learned counsel for the opposite parties / writ petitioners however Page No.# 8/9

submits that it is only on publication of the provisional Gradation List dated 30.03.2021 that the writ petitioners would come to learn about the anomalies in placing the private respondents in a feeder cadre of Staff Nurse which was erroneous and prejudicial to the writ petitioners. Though, the learned counsel for the opposite parties / writ petitioners may be correct, this Court is not able to accept the fact that such alleged anomalies could be detected only on 30.03.2021 as the Gradation Lists in the feeder cadre of Staff Nurse were the subject matter of dispute in the earlier writ petition in which the present writ petitioners were parties respondents and in fact contested the same which had gone up to preferring an appeal.

6. Shri Nair, the learned Senior Counsel has also pointed out that subsequently, the writ petitioners have filed WP(C)/6006/2021 wherein challenge has been made pertaining to conferment of seniority in the cadre of Sister Tutor to the private respondents in which while issuing notice, this Court vide an order dated 12.11.2021 had observed that the appointment of the private respondents to the rank of Sister Tutor shall be subject to the outcome of the writ petition. The Senior Counsel accordingly submits that the interim order dated 17.05.2021 be suitably modified and as agreed to the extent that any action taken based upon the Gradation List can be made subject to the outcome of the writ petition.

7. On the other hand, Shri Saikia, learned counsel for the opposite parties / writ petitioners submits that if the interim order is vacated, the writ petition itself would become infructuous.

8. This Court is enable to accept the submission of Shri Saikia, the learned Counsel for the opposite parties / writ petitioners and is of the view that the interest of the rival parties would be protected if the interim order dated 17.05.2021 is modified to the extent that action taken upon the impugned Gradation List dated 30.03.2021 would be made subject to the outcome of the writ petition.

9. This Court is of the opinion that such modification would also be in consonance with the public interest as posts which are required to be filled up are of public importance.

10. In view of the above, the ex parte interim order dated 17.05.2021 stands vacated and is modified to the extent that any action taken based upon the Gradation List dated Page No.# 9/9

30.03.2021 for Ward Sister In-Charge / Sister Tutor issued by the Directorate of Health Services, Assam would be subject to the outcome of the writ petition.

11. The instant application stands disposed of.

JUDGE

Comparing Assistant