Gauhati High Court
Md. Altab Uddin vs The State Of Assam And 5 Ors on 19 January, 2023
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GAHC010054882022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2087/2022
MD. ALTAB UDDIN
PRESENTLY SERVING AS NIGHT CHOWKIDAR AT JALALPUR BLOCK
PRIMARY HEALTH CENTRE, CACHAR, S/O- LATE KUSHID ALI, VILL-
TARAPUR, PO JALALPUR, DIST. CACHAR, ASSAM, PIN- 788816
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMMISSIONER AND SECRETARY, TO THE GOVT. OF ASSAM,
DEPARTMENT OF HEALTH AND FAMILY WELFARE, ASSAM CIVIL
SECRETARIAT, DISPUR, GUWAHATI, ASSAM PIN- 781006.
2:THE DIRECTOR HEALTH SERVICE
ASSAM
HENGRABARI
GUWAHATI
ASSAM
PIN- 781036.
3:THE JOINT DIRECTOR OF HEALTH SERVICES
CACHAR
SILCHAR
ASSAM
PIN- 788003.
4:THE SUB-DIVISIONAL MEDICAL AND HEALTH OFFICER
JALALPUR PRIMARY HEALTH CENTRE
JALALPUR
CACHAR
ASSAM
PIN- 788816.
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5:THE CHAIRMAN
HOSPITAL MANAGEMENT COMMITTEE
JALALPUR PRIMARY HEALTH CENTRE
JALALPUR
CACHAR
ASSAM
PIN- 788816.
6:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPTT. OF FINANCE
ASSAM CIVIL SECRETARIAT
DISPUR
GUWAHATI
ASSAM
PIN- 781006
Advocate for the Petitioner : MR. A K DUTTA
Advocate for the Respondent : SC, HEALTH
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
19.01.2023
Heard Mr. B. Purkayashtha, learned counsel for the petitioners and Mr. D.P.
Borah, learned Standing Counsel for the Health Department. This order will dispose of
both the writ petitions.
[2.] The petitioner No. 1 in WP(C) No. 4773/2017 is the Silchar Medical College and
Hospital Contractual Workers and Employees Union, which is registered under the
Trade Unions Act, 1926 and the petitioner No. 2 is the Secretary of the Union. The
lone petitioner in WP(C) No. 2087/2022 is working as a Night Chowkidar in Jalalpur
Public Health Centre (PHC) on temporary basis and on fixed honorarium since
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01.10.2005. It is the case of the petitioners in both the writ petitions that they are
entitled to be given the minimum scale of pay given to regular employees in terms of
the Notification dated 03.10.2019 issued by the Govt. of Assam in the Finance (EX-II)
Department pursuant to the passing of the order dated 08.06.2017 by a Division
Bench of this Court in Writ Appeal No. 45/2014 (State of Assam -Vs- Upen Das &
Others).
[3.] A reference has been made by the learned counsels appearing for the rival
parties that a similar matter i.e., WP(C) No. 7711/2016 filed by certain employees who
were contractual workers being aggrieved with the dismissal of the writ petition vide
order dated 05.12.2017 approached the Writ Appellate Court by filing Writ Appeal No.
206/2018. The Writ Appeal was taken up for final consideration on 25.08.2022 and
was disposed of by remanding the matter back to the Writ Court for reconsideration
and appropriate adjudication on the claim made by the petitioners therein. The Writ
Petition i.e., WP(C) No. 7711/2016 finally came to be disposed of vide Judgment &
Order dated 10.11.2022 wherein, it was held that out of the 29 writ petitioners, only 5
(five) of them were getting fixed wages and therefore, the case of Upen Das & Others
(supra) would only cover the case of the 5 (five) petitioners. As for the remaining writ
petitioners who were found to have been engaged by the Hospital Management
Society, they were given the liberty to submit their representations before the
Superintendent of the Hospital concerned with regard to their claim for payment of
minimum scale of pay and the Hospital Management Committee was directed to
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consider the same within a time from of 3 (three) months from the date of receipt of a
copy of the order as well as the representation.
[4.] The learned counsel for the petitioners submits that the petitioners in the
present case are also similarly situated and the Judgment & Order dated 10.11.2022
squarely covers their case. As such, a similar direction may be issued in the present
case as well. Mr. D.P. Borah, learned Standing Counsel for the Health Department also
submits that the case of the present petitioners are squarely covered by the said
Judgment and Court may accordingly pass appropriate order as it deemed fit and
proper.
[5.] Upon hearing the learned counsels for the parties and on perusal of the
materials available on record, including the Judgment & Order dated 10.11.2022
passed in WP(C) No. 7711/2016, it is found that the case of the present petitioners
are also squarely covered by the said Judgment. As such, the petitioners shall file their
respective individual representations before the Hospital authority concerned within a
period of 3 (three) weeks from today with regard to their claim of payment of
minimum scale of pay. The concerned Hospital authority shall thereafter consider the
claim made and take a decision within a period of 3 (three) months from the date of
receipt of the representation and a certified copy of this order.
[6.] With the above observations and directions, the writ petitions are disposed of.
JUDGE
Comparing Assistant
