Gautam Sharma vs The State Of Assam And 2 Ors
2023 Latest Caselaw 846 Gua

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GAHC010179462018




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

                                 Case No. : WP(C)/5555/2018

            GAUTAM SHARMA
            S/O- GAURI SANKAR SHARMA, R/O- VILL- TOPKHANA, P.O- NARAINPUR,
            P.S- HAILAKANDI, DIST- HAILAKANDI, ASSAM, PIN- 788151



            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REP. BY THE COMMISSIONER AND SECRETARY TO THE DEPTT OF
            HEALTH SERVICES, DISPUR, GHY- 06

            2:THE JOINT DIRECTOR OF HEALTH SERVICES
             HAILAKANDI
             DIST- HAILAKANDI
            ASSAM
             PIN- 788151

            3:THE SUPERINTENDENT
             S K ROY CIVIL HOSPITAL
             HAILAKANDI
             DIST- HAILAKANDI
            ASSA

Advocate for the Petitioner   : MR R DHAR

Advocate for the Respondent : SC, HEALTH

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BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

01.03.2023

This Court vide an order dated 31.01.2022 directed Mr. B. Gogoi, the learned Standing Counsel for the Health Department to obtain instructions in the matter as to whether the judgment in the case of State of Assam vs. Upen Das & Others, reported in (2017) 5 NEJ 553 can be made applicable

to the case of the petitioner whereby the petitioner can be granted the minimum scale of pay.

Mr. B. Gogoi, the learned Standing Counsel has submitted that the petitioner is not engaged by the Government of Assam in any capacity. The appointment of the petitioner is on contractual basis appointed by the Hospital Management Society of S. K. Roy Civil Hospital. He submits that the petitioner, instead of ventilating his grievances in the instant proceedings, may approach the Hospital Management Society of S. K. Roy Civil Hospital by submitting a representation and thereupon the said S. K. Roy Civil Hospital shall duly consider the same.

Taking into account the said submission and also from a perusal of Annexure-5, it is apparent that the petitioner has not been engaged by the Government of Assam rather he has been working on contractual basis under the Hospital Management Society of S. K. Roy Civil Hospital, this Court is of the opinion that the interest of justice would be made if the petitioner is granted the liberty to submit a representation before the Member Secretary of the Hospital Management Society, S. K. Roy Civil Page No.# 3/3

Hospital, Hailakandi who shall within 60 (sixty) days therefrom take an appropriate decision in the matter.

With the above observation and direction, the instant writ petition stands disposed of.

JUDGE

Comparing Assistant