Page No.# 1/3 vs The State Of Assam And 3 Ors
2022 Latest Caselaw 4955 Gua

                                                                       Page No.# 1/3

GAHC010099412020




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

                           Case No. : WP(C)/2977/2020

         JAYANTA PEGU AND ANR.
         S/O- LT. PRIYA RAM PEGU, R/O- VILL- 2 NO. PAKEN P.O. PAKEN, DIST.-
         SONITPUR, ASSAM, PIN- 784168

         2: SHYAMANTA HANDIQUE
          S/O- DEBEN HANDIQUE
          R/O- VILL- AMTOLA
          P.O. HALEMAGURI
          DIST.- SONITPUR
         ASSAM
          PUIN- 78417

         VERSUS

         THE STATE OF ASSAM AND 3 ORS.
         REP. BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM, HEALTH AND
         FAMILY WELFARE (A) DEPTT., DISPUR, GHY-06

         2:THE SECRETARY TO THE GOVT. OF ASSAM
          HEALTH AND FAMILY WELFARE (A) DEPTT.
          SACHIVALAYA
          DISPUR
          GHY-06

         3:THE DIRECTOR OF HEALTH SERVICES
          SONITPUR
         TEZPUR
         ASSAM
          PIN- 784001

         4:THE SCREENING COMMITTEE
          REP. BY THE CHAIRMAN (ADDL. DIRECTOR OF HEALTH SERVICES
         ASSAM)
          HENGRABARI
                                                                        Page No.# 2/3

             GHY-3

Advocate for the Petitioner   : MR. M K CHOUDHURY

Advocate for the Respondent : SC, HEALTH




                                    BEFORE
                     HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                           ORDER

Date : 14.12.2022

Heard Mr. P. Bhardwaj, the learned counsel appearing on behalf of the petitioners and Mr. B. Gogoi, the learned Standing counsel appearing on behalf of the Health Department.

The issue involved in the instant writ petition is within a very short compass, taking into consideration that there has been various directions issued by this Court in various judgments and orders whereby liberty was given to the respondent authorities to initiate action against the petitioners as well as others in terms with the findings of the Screening Committee. But in doing so, it was directed that the Health Department as well as its officials shall issue show cause notice indicating the reasons as to why the petitioners' appointments have been held to be illegal. This matter has been pending only on the question of the instructions as to whether the Directorate of Health Services have resorted to that course of action.

Today, Mr. B. Gogoi, the learned Standing counsel for the Health Department, Government of Assam has submitted that as per the instruction received from the Director of Health Services, it has been intimated that the Director of Health Services had directed the Joint Director of Health Services to do the needful in terms with the order dated 29.11.2019 passed in WP(C) Page No.# 3/3

No.8716/2019. However, it is not known as to whether the Joint Director of Health Services had duly complied with the directions of the Director of Health Services for which he seeks sometime to take instruction.

Accordingly, let the matter be taken up for further consideration on 16.12.2022.

JUDGE

Comparing Assistant