Gauhati High Court
Page No.# 1/8 vs The State Of Assam An 3 Ors on 25 August, 2022
Page No.# 1/8
GAHC010128312018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/206/2018
JADUMONI NATH AND 28 ORS
GRADE IV EMPLOYEE, NORTH LAKHIMPUR CIVIL HOSPITAL,
LAKHIMPUR, PERMANANTLY RESIDING AT S/O. LAKHON CH. NATH, VILL.
ANAIGHORIA GAON, P.O. ANGERKHOWA, P.S. PANIGAON, DIST.
LAKHIMPUR, ASSAM.
2: SMTI BEAUTI SAIKIA
W/O. LT. GUPAL DUTTA
VILL. CHOUKHAM
P.O. CHABATI
P.S. LILABARI
DIST. LAKHIMPUR
ASSAM.
3: SRI PRAFULLA DAS
S/O. LT. HARULARA DAS
VILL. CHOWKHAM
MAJGAON
P.O. CHABATI
P.S. LILABARI
DIST.
4: MRS. MOMY BORUAH
W/O. PRADIP BORUAH
VILL. NAKARI
WARD NO.-1
P.O. and P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM.
5: MRS. JYOTI PRABHA BORAH HAZARIKA
Page No.# 2/8
W/O. LT. MITHARAM HAZARIKA
VILL. LALUK
KASOJULI
DIST. LAKHIMPUR
ASSAM
6: SMTI MINU SINGH BARUAH
W/O. JUGONDRA SINGH
VILL. NALLCATA
P.O. BAGALIJAN
DIST. LAKHIMPUR
ASSAM
7: RAJUMONI BORUAH
S/O. PRADIP CH. SAIKIA
VILL. NAKARI
WARD NO.-2
P.O. NAKARI
P.S. NORTH LAKHIMPUR.
8: GUNADA RAJKHOWA
D/O. LT. BAPURAM RAJKHOWA
VILL. RAJKHOWA GAON
P.O. AJAD
P.S. PANIGAON
DIST. LAKHIMPUR
9: MRS. NIJU DEVI
W/O. MR. KHAGENDRA NATH SARMAH
VILL. CHOWKHAM
P.O. CHABATI
P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM.
10: CHANIMAI BORA PAYANG
S/O. INDRA BORAH
VILL. RAJGARH DAUMUKHID
P.O. RAMPUR DEORI
P.S. NORTH LAKHIMPUR
11: LAMBUDHAR DUTTA
Page No.# 3/8
S/O. LT. TOKESWAR DUTTA
VILL. NAKARI
WARD NO.-3
P.O. and P.S. LAKHIMPUR
ASSAM.
12: MD. BAHARUL ALI
S/O. MD. SONJAN ALI
VILL. SENSUWA
P.O. ANGERKHOWA
P.S. PANI GAON
DIST. LAKHIMPUR
ASSAM.
13: MD. SALEN BORAH
S/O. LT. JUGA BORAH
VILL. CHOWKHAM
P.O. CHABATI
DIST. LAKHIMPUR
ASSAM.
14: NABA KANTA NATH
C/O. MR. BOGAI NATH
VILL. BHAPATI NATH GAON
P.O. AZAD
DIST. LAKHIMPUR
ASSAM.
15: RAJIB HAZONG
S/O. JAGADISH HAZON
WARD NO.-3
P.O. and P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR.
16: DIPALI BORA GOGOI
D/O. DHaNIRAM BORA
NO. 1
KOWADONGA
P.O. and P.S. LAKHIMPUR
DIST. LAKHIMPUR ASSAM.
17: SRI SANJAY MILI
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S/O. PRADIP MILI
VILL. GHAGAR KALA KHOWA
P.O. MOHAIJAN
P.S. LAKHIMPUR
DIST. LAKHIMPUR
ASSAM.
18: SRI GOPAL DUTTA
VILL. CHOWKHAM
P.O. CHABATI
NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM
19: MRS. BINA KALITA
W/O. LT. MUNINDRA KALITA
VILL. and P.O. CHABATI
P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM.
20: SMTI HIRAMONI GOGOI
W/O. LT. MUHIM GOGOI
VILL. BANGALMARI
P.O. MALEKHOLA
DIST. DHEMAJI
ASSAM.
21: BIJUMONI GOGOI
D/O. PRONOY KR. GOGOI
VILL. CHOWKHOM
P.O. SABATI
P.S. LAKHIMPUR.
22: DHIRAJ BHUYAN
S/O. TULAN BHUYAN
VILL. KOWAPHALA
P.O. and P.S. DHAMAJI
DIST. DHEMAJI
ASSAM.
23: SMTI BORNALI PADUN NARAH
W/O. SRI RAJIB NARAH
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VILL. DUSTIMUKH
P.O. KHUBULIA
DIST. DHEMAJI
ASSAM.
24: PAPARI DIHINGIA
D/O. LT. DEBESWAR DIHINGIA
VILL. CHAKALA DALANI
P.O. NARUWATHAN
DIST. DHEMAJI
ASSAM.
25: SRI ROBIN GOGOI
/O. SRI PABITRA GOGOI
VILL. KAMAR GOAN
P.O. and P.S. DHEMAJI
DIST. DHEMAJI
ASSAM.
26: SRI MONUBIKASH DUTTA
S/O. SRI PUNYA DUTTA
VILL. MATIKHULA
P.O. MATIKHULA
DIST. DHEMAJI
ASSAM
27: DULUMONI DUTTA
D/O. AKON DUTTA
VILL. MATIKHULA
DIST. DHEMAJI
ASSAM.
28: ADIYA KOUCH
S/O. SRI LILA KT. KOUCH
VILL. NALINIPAM
P.O. and P.S. DHEMAJI
DIST. DHEMAJI
ASSAM
PIN. 787057
29: MISS MINATI CHUTIA
D/O. LT. DULESWAR CHUTIA
VILL. BAKULBARI
P.O. HOLLOWDUNGA
Page No.# 6/8
P.S. GOGAMUKH
DIST. DHEMAJI
ASSAM
VERSUS
THE STATE OF ASSAM AN 3 ORS
REP. BY THE COMMISSIONER AND SECRETARY, GOVT. OF ASSAM,
HEALTH and FAMILY WELFARE DEPTT., DISPUR, GUWAHATI-06.
2:DIRECTOR OF HEALTH SERVICE DEPTT.
HENGRABARI
GUWAHATI.
3:SUPERINTENDENT OF NORTH LAKHIMPUR CIVIL HOSPITAL
LAKHIMPUR
ASSAM.
4:SUPERINTENDENT OF NORTH DHEMAJI CIVIL HOSPITAL
DHEMAJI
ASSAM
Advocate for the Petitioner : MR. M K CHOUDHURY
Advocate for the Respondent : SC, HEALTH
BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 25-08-2022
R.M. Chhaya, C.J.
Heard Mr. M. Saikia, learned counsel for the appellants. Also heard Mr. D.
Saikia, learned Advocate General, Assam assisted by Ms. S. Sarma, learned
counsel for the State respondents.
By way of this intra-Court appeal, the appellants/original petitioners have
challenged the order dated 05.12.2017 passed by the learned Single Judge in
WP(C) No.7711/2016.
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It was the case of the appellants/original petitioners before the learned
Single Judge that they were working as Ward boys/Ward girls/casual
helper/Grade-IV employees on contractual basis at Lakhimpur Civil Hospital. On
the grounds which are enumerated in the writ petition and the annexures which
are part of the record of this appeal, it was contended by the appellants/original
petitioners that they were entitled to regularisation. It is also averred in the writ
petition that the appellants/original petitioners also relied upon certain
certificates issued by the very authority under which they worked and they also
contended that they had been continuing in service for a long period of about
10-15 years. Though such contentions were raised before the learned Single
Judge, we find that the learned Single Judge has heavily relied upon the
judgment of this Court in WA No.45/2014 (State of Assam v. Sh. Upen Das &
836 ors.) and has come to the conclusion that the appellants/original petitioners
are not entitled to regularisation.
Having heard the learned counsel appearing for the parties, this Court is of
the opinion that the learned Single Judge ought to have examined the matter in
further details keeping in mind the ratio laid down by the Hon'ble Apex Court in
the case of Secretary, State of Karnataka and others v. Uma Devi and others ,
reported in (2006) 4 SCC 1 as well as the decision of the Division Bench of this
Court rendered in WA No.45/2014 (State of Assam v. Sh. Upen Das & 836 ors.),
reported in 2018 STPL 2188 Gauhati, which was relied upon by the learned
Single Judge while dismissing the writ petition.
We arrive at this opinion because we are of the view that the case of each
of the appellants/original petitioners deserves to be examined in facts of each
one instead of generality that they are contractual employees and therefore,
they are not entitled to regularisation.
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In view of the aforesaid facts, we deem it fit to quash and set aside the
impugned order dated 05.12.2017 and remand the proceedings of WP(C)
No.7711/2016 back to the learned Single Judge for rehearing on merits. It is,
however, provided that the learned Single Judge on remand shall decide the writ
petition as expeditiously as possible independently without in any manner being
influenced by the observation made by the learned Single Judge as well as the
observations made by this Court in this order.
Both the parties are at liberty to raise all available contentions before the
learned Single Judge.
The appeal is disposed of accordingly. No cost.
JUDGE CHIEF JUSTICE
Comparing Assistant
