Gauhati High Court
Dr. Mirsalim Ullah vs The State Of Assam And 5 Ors on 27 April, 2023
Page No.# 1/7
GAHC010132172021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4508/2021
DR. MIRSALIM ULLAH
S/O- MIR MOHAMMED SHAHIDULLAH, R/O- GAURIPUR TOWN, P.S.
GAURIPUR, DIST.- DHUBRI, ASSAM, PIN- 78331
VERSUS
THE STATE OF ASSAM AND 5 ORS
TO BE REP. BY THE COMM. AND SECY. HEALTH DEPTT. TO THE GOVT. OF
ASSAM, GHY-06
2:DIRECTOR OF HEALTH SERVICES
ASSAM
P.O. HENGRABARI
GHY-36
3:JOINT DIRECTOR OF HEALTH SERVICES
DHUBRI
AK AZAD ROAD
BORO BAZAR
DHUBRI
PIN- 783301
4:ACCOUNTANT GENERAL (A AND E)
ASSAM
MAIDAMGAON
BELTOLA
GHY-29
5:DIRECTOR OF PENSION
ASSAM
BANPHOOL NAGAR
DISPUR
Page No.# 2/7
BASISTHAPUR
GHY-06
6:TREASURY OFFICER
DHUBRI
PIN- 78330
Advocate for the Petitioner : MR. N H MAZARBHUIYAN
Advocate for the Respondent : GA, ASSAM
Linked Case : WP(C)/3109/2019
MAHESH CHANDRA DAS
S/O- LT NAMESHWAR DAS
R/O- VILL- DEKAPARA
P.O. GUWAHATI AIRPORT
GHY-15
DIST- KAMRUP
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM
SACHIVALAYA
DISPUR
GHY-6
2:THE PRINCIPAL SECRETARY
GOVT. OF ASSAM
DEPTT. OF HEALTH AND FAMILY WELFARE
DISPUR
GHY-6
3:THE COMM. AND SECY.
GOVT. OF ASSAM
DEPTT. OF HEALTH AND FAMILY WELFARE
DISPUR
GHY-6
4:THE COMM. AND SECY.
GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
Page No.# 3/7
GHY-6
5:THE DIRECTOR OF AYUSH
ASSAM
BASISTHA ROAD
BANPHOOL NAGAR PATH
DISPUR
GHY-6
6:THE DIRECTOR OF PENSION
ASSAM
HOUSEFED COMPLEX
DISPUR
GHY-6
------------
Advocate for : MR. M K BORO
Advocate for : SC
HEALTH appearing for THE STATE OF ASSAM AND 5 ORS.
Linked Case : WP(C)/7707/2018
ASSAM AYURVEDIC DOCTORS SERVICE ASSOCIATION AND 2 ORS.
REP. BY ITS PRESIDENT NAMELY
DR. BABUL CH KALITA
HEAD OFFICE GOVT AYURVEDIC COLLEGE
JALUKBARI
P.O- JALUKBARI
GUWAHATI- 09
DIST- KAMRUP(M)
ASSAM
2: BABUL CH KALITA
S/O- SRI SUNANDA RAM KALITA
VILL- SANTIPUR
P.O- NIZ SANTIPUR
DIST- BAKSA
ASSAM
3: SANKAR JYOTI DAS
S/O- SRI PARESH DAS
VILL- BONGSHAR
P.O- BONGSHAR
DIST- KAMRUP(R)
ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM
Page No.# 4/7
SACHIVALAYA
DISPUR
GUWAHATI- 781006
2:THE PRINCIPAL SECRETARY
TO THE GOVT OF ASSAM
DEPTT OF HEALTH AND FAMILY WELFARE
DISPUR
GUWAHATI- 781006
3:THE COMMISSIONER AND SECRETARY
TO THE GOVT OF ASSAM
DEPTT OF HEALTH AND FAMILY WELFARE
DISPUR
GUWAHATI- 781006
4:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
FINANCE DEPTT
DISPUR
GUWAHATI- 781006
5:THE DIRECTOR OF AYUSH
ASSAM
BASISTHA ROAD
BANPHOOL NAGAR PATH
DISPUR
GUWAHATI- 781006
6:THE DIRECTOR OF PENSION
ASSAM
HOUSEFED COMPLEX
DISPUR
GUWAHATI- 781006
------------
Advocate for : MR. B C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 5 ORS
Linked Case : WP(C)/509/2019
JATIN CH. DAS AND ANR.
S/O LATE GHANARAM DAS
R/O PACHIM BORAGAON (GAKHIR CHOWK)
P.O. MALIGAON
DEBKATA NAGAR
DIST. KAMRUP (METRO)
ASSAM
2: DR DWIJEN KALITA
Page No.# 5/7
S/O LATE DAYARAM KALITA
VILL- CHAMPAK NAGAR
CHAYGAON
P.O. AND P.S. CHAYGAON
DIST. KAMRUP (RURAL)
ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
SACHIVALAYA
DISPUR
GUWAHATI- 781006.
2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF HEALTH AND FAMILY WELFARE
DISPUR
GUWAHATI- 781006.
3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF HEALTH AND FAMILY WELFARE
DISPUR
GUWAHATI - 781006.
4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI - 781006.
5:THE DIRECTOR OF AYUSH
ASSAM
BASISTHA ROAD
BANPHOOL NAGAR PATH
DISPUR
GUWAHATI - 781006.
6:THE DIRECTOR OF PENSION
ASSAM
HOUSEFED COMPLEX
DISPUR
GUWAHATI- 781006.
------------
Advocate for : MR. B C DAS
Advocate for : GA
Page No.# 6/7
ASSAM appearing for THE STATE OF ASSAM AND 5 ORS.
Linked Case : WP(C)/4008/2021
DR. SURESH DUTTA
S/O LATE KALIA DUTTA
R/O VILL-NAKARI
WARD NO. 2
STATION ROAD
NORTH LAKHIMPUR TOWN
DIST-LAKHIMPUR
ASSAM-787001
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR
GUWAHATI-6
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR
GUWAHATI-6
3:THE DIRECTOR OF AYUSH
DISPUR
GUWAHATI-781006
4:THE JOINT DIRECTOR OF HEALTH SERVICES
LAKHIMPUR
NORTH LAKHIMPUR
5:THE FINANCE DEPARTMENT
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : SC
HEALTH appearing for THE STATE OF ASSAM AND 4 ORS
Page No.# 7/7
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
27.04.2023
Heard Mr. B. C. Das, learned senior counsel assisted by Mr. S. H. Rahman,
learned counsel appearing for the writ petitioners. Also heard Mr. D. Saikia,
learned Advocate General, Assam appearing for the State.
It has been brought to the notice of this Court that yesterday the Hon'ble
Supreme Court of India had delivered a judgment on the point of claim of
parity of pay-scales made by the AYUSH doctors vis-à-vis the MBBS doctors.
Although the issue involved in the batch of writ petitions pertain to age of
superannuation, yet, since the basic argument is based on the principle of
parity, hence, it has been agreed at the bar that examination of the recent
judgment of the Supreme Court would be essential. As such, hearing of these
matters stand deferred till 18.05.2023.
List these cases in the admission column, as first items, on 18.05.2023.
JUDGE
Comparing Assistant
