Gauhati High Court
Page No.# 1/6 vs The State Of Assam on 3 January, 2022
Page No.# 1/6
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
Page No.# 2/6
VERSUS
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 KALYAN RAI SURANA
ORDER
Date : 03.01.2022
Heard Mr. R.M. Choudhury, learned counsel for the petitioners. Also
heard Mr. B. Gogoi, learned standing counsel for the Health Department,
representing all the respondents.
Page No.# 3/6
2. By filing this writ petition under Article 226 of the Constitution of
India, the petitioners have assailed the order dated 02.08.2016 issued by the
Joint Director of Health Services, Dhubri (respondent no.3), thereby ordering
removal of service of the petitioners along with others.
3. The case projected by the petitioners is that they were appointed as
Surveillance Workers by the Director of Health Services, Assam (respondent
no.2) on various dates between 1999 and 2002 and it is projected that the
petitioners are doing their duty as Surveillance Workers without any gap till the
date of filing this writ petition. The learned counsel for the petitioners has
submitted that the petitioners were removed from service without any
disciplinary/departmental proceedings and without issuance of any notice to the
petitioners to show-cause and accordingly, it is submitted that the petitioners
were deprived of natural justice. It is also submitted that in a similar case where
similarly situated persons had approached this Court by filing WP(C) 4965/2016,
WP(C) 4341/2017 and other analogous matters, this Court by common
judgment dated 13.03.2020 had dismissed the said writ petitions. However, the
matter was re-agitated in an Intra-Court appeal and by judgment and order
dated 09.11.2021 passed in WA 200/2021, although the dismissal of the writ
petition was maintained, but by virtue of directions contained therein, a 3
(three) member committee was constituted to examine the documents
presented by the petitioners in the said case.
4. The learned standing counsel for the respondents has opposed the
prayer made in the writ petition by submitting that the screening committee so
constituted has already examined the documents of the concerned candidates
Page No.# 4/6
and the said committee has been discontinued thereafter. It is also submitted
that there is no statement in the writ petition that the petitioners had
participated in the recruitment drive for which advertisement and other
particulars regarding the select list and the result of the selection test have not
been annexed. Accordingly, it is submitted that although the petitioners have
produced few appointment orders, but the same is not supported by any other
materials on record.
5. Referring to the affidavit-in-opposition filed by the respondent no.2, it
is submitted that there is no record available of drawing of salary of the
petitioners in Udalguri district. Accordingly, it is submitted that as per the stand
of the respondent no.2, appointment orders are the result of fraud and the
petitioners are illegal employees of the establishment of the Joint Director of
Health Services, Dhubri.
6. Having heard the learned counsel for both sides, having noted that in
the case of similarly situated person, the Division Bench of this Court by
judgment and order dated 09.11.2021 in WA 200/2021 had given one
opportunity to the candidates to have their documents examined by a Screening
Committee consisting of 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 and
it was directed that the three member committee shall examine the documents
presented by the candidates.
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7. On a pointed query of the Court, the learned standing counsel for the
respondents has submitted that the exercise of examination of documents can
be made on 18.01.2022. Accordingly, without entering into the merit of the case
and without making any observation as to the claim of the petitioners, the Court
is inclined to dispose of the writ petition with a direction that the three member
Screening Committee be once again constituted on the same terms as contained
in the judgment and order dated 09.11.2021 passed in WA 200/2021, who
would examine the documents presented by the petitioners on 18.01.2022.
8. As the petitioners are duly represented by their learned counsel, it
would not be necessary for the State respondents to issue a fresh notice to the
petitioners to appear before the Screening Committee. Accordingly, the
petitioners directed to appear before the office of the Director of Health
Services, Assam on 18.01.2022 with all their documents in original so as to
enable the Screening Committee to examine the same.
9. At the option of the Health Department, it would be open to the
respondent authorities to issue a general notice on the newspaper so as to give
one opportunity to all the similarly situated persons to have their documents
examined by the Screening Committee on such date that may be given by the
Committee.
10. The petitioners shall produce a certified copy of the order before the
respondent no.2.
11. In the meanwhile, the learned standing counsel for the Health
Department is also at liberty to transmit a downloaded copy of this order to the
Page No.# 6/6
respondent authorities to inform them about the order of the Court.
12. Writ petition stands disposed of with the direction as indicated above.
JUDGE
Comparing Assistant
