Page No.# 1/3 vs The State Of Assam And 3 Ors
2022 Latest Caselaw 3749 Gua

                                                                 Page No.# 1/3

GAHC010190452022




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

                          Case No. : WP(C)/6282/2022

         TILUTTAMA BORAH AND 2 ORS.
         W/O- PUSPENDRA BORAH, R/O- BIHAGURI, P.O. PITHAKHUWA, DIST.
         SONITPUR, ASSAM, PIN- 784153.

         2: PURNIMA SAIKIA
         W/O- SARAT GOHAIN
          R/O- VILL.- KUMARCHOOK
          P.O. NAGASANKAR
          DIST. SONITPUR
         ASSAM
          PIN- 784189.

         3: PRASANTA BASUMATARY
          S/O- TULAN BASUMATARY
          R/O- BHELOUGURI
          P.O. BORPAM TINIALI
          DIST. BISWANATH
         ASSAM
          PIN- 785601

         VERSUS

         THE STATE OF ASSAM AND 3 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE
         DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI-781006.

         2:THE STATE OF ASSAM
          REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM
          FINANCE DEPARTMENT
         ASSAM SECRETARIAT
          DISPUR
          GUWAHATI-781006.
                                                                                    Page No.# 2/3


            3:THE DIRECTORATE OF HEALTH SERVICES
            ASSAM
             HENGRABARI
             GUWAHATI-781005.

            4:THE JOINT DIRECTOR OF HEALTH SERVICES
             SONITPUR
            TEZPUR
             PIN- 784001

Advocate for the Petitioner   : MR. S S S RAHMAN

Advocate for the Respondent : SC, HEALTH




                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                            ORDER

Date : 23-09-2022

Heard Ms. S Z Hayat, learned counsel for the petitioners. Also heard Mr. D P Borah, learned counsel for the respondents no. 1, 3 and 4 being the authorities under the Health and Family Welfare Department, Government of Assam and Mr. A Chaliha, learned counsel for the respondent no. 2 being the Finance Department, Government of Assam.

2. The petitioner no. 1 relies upon the Annexure-E, page-55, office order dated 30.05.1992 issued from the Office of the Chief Medical and Health Officer, Sonitpur of Tezpur to substantiate that she in her maiden name Tllottoma Bohagiguri was appointed as a part time worker and posted at Civil Hospital, Tezpur. Accordingly, a claim is made that the petitioner is entitled to the benefits under the judgment dated 08.06.2017 of the Division Bench in WA No. 45/2014 wherein certain financial benefits had been given to the Muster Roll Worker and other casual workers.

3. But in respect of petitioners no. 2 and 3, we do not find any order of appointments which may indicate that they are also entitled to similar benefits. Accordingly we delete the petitioners no. 2 and 3 from the array of the petitioners in this writ petition by giving liberty to the said petitioners to approach again, if so advised.

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4. In respect of the petitioner no. 1, the Director of Health Services, Assam to look into the service records and verify itself as to whether the petitioner no. 1 was a casual worker in the Health Department and whether she continues to render service till date. If upon examination, both the aspects found in favour of the petitioner, appropriate order be passed for the benefits given under the judgment dated 08.06.2017 of the Division Bench in WA No. 45/2014. If not, the Director may pass any reasoned order and communicate the same to the petitioner.

Writ petition stands partly allowed as indicated above.

JUDGE

Comparing Assistant