Gauhati High Court
Page No.# 1/7 vs The State Of Assam And 4 Ors on 15 November, 2023
Page No.# 1/7
GAHC010256812023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3334/2023
NARAYAN PRASAD RABHA AND 16 ORS.
S/O- LATE RAMCHANDRA PRASAD RABHA, VILL- MATIA, PO- MATIA, PIN-
783125, DIST- GOALPARA.
2: UTPAL JYOTI KALITA
S/O- BASUDHAR KALITA
VILL- SUTERKUCHI
P.O.- PINGALESHWAR
DIST.- KAMRUP.
3: JYOTI PRAKASH BARUAH
S/O- GIRISH CH. BARUAH
VILL- BORAH TOLAHAJO
P.O.-HAJO
PIN- 781102
4: KANAK CH. GHOSH
S/O LT. ANIL CH. GHOSH
VILL.- GOALTULI
P.O.- GOALPARA
P.S.- GOALPARA
PIN- 783101
DIST.- GOALPARA.
5: SANKAR DEY
S/O- RATAN DEY
VILL- J.N. ROADPO
PS ANDDIST- GOALPARA
PIN- 783101
6: SHOBHAN KUMAR NATH
S/O- TIKAL CH. NATH
Page No.# 2/7
VILL-GAROBHATKHAWA PO- BHAGBWAN
PIN- 783129DIST- GOALPARA
7: RAMEN DAS
S/O- LT. HARI DAS
VILL- BARSIBHANI
PO- BAGHMARA BAZAR
P.S- BARPETAPIN- 783101
DIST- BARPETA
8: RASHIDUL ALOM
S/O- AKKASH ALI
VILL- KHUDRAFALADI
PIN- 781305
PO- BHOGDIA
DIST-BARPETA
9: KALYAN DAS
S/O- LATE PRANESWAR DAS
VILL- BANIAPARA
PO- GOALPARA
PIN- 783101
DIST- GOALPARA
10: JEET DAS
S/O- KARTIK DAS
VILL- NARSHINGBARI
PO-GOALPARA
P.S-GOALPARA
PIN- 783121
DIST- GOALPARA
11: SANKAR RABI DAS
S/O LT. SUMER RABI DAS
VILL.- SHASTRINAGAR
P.O.- BALADMARI
P.S.- GOALPARA
PIN- 783121
DIST.- GOALPARA.
12: DINANATH RAJBHAR
S/O- LATE SARJU PD. RAJBHAR
VILL- SHASTRINAGAR
PO- GOALPARA
PIN- 783121
DIST- GOALPARA
Page No.# 3/7
13: PABAN PATHAK
S/O- RATNESWAR PATHAK
VILL- NAGAON
COLLEGE ROAD
PO- NAGAON
P.S- NAGAONPIN- 781311
DIST- BARPETA
14: JOY PRAKASH RABI DAS
S/O- LT. SUMER RABI DAS
VILL- SHASTRINAGAR
PO-BALADMARI P.S-GOALPARA
PIN- 783121DIST- GOALPARA.
15: MINA RABI DAS
S/O- LATE SUMER RABI DAS
VILL- SHASTRINAGAR
PO- GOALPARA
PIN- 783121
DIST-GOALPARA
16: DHANJIT DAS
S/O LT. GOBARDHAN DAS
VILL.- GANAK KUCHI
P.O.- BARPETA
P.S.- BARPETA
PIN- 781301
DIST.- BARPETA.
17: DHIRAJ RABHA
S/O LT. PHUKAN RABHA
VILL.- BAPUJINAGAR
P.O.- BALADMARI
P.S.- GOALPARA
PIN- 783121
DIST.- GOALPARA
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
ASSAM, HEALTH AND FAMILY WELFARE (A) DEPARTMENT, DISPUR,
GUWAHATI- - 781006, ASSAM.
2:THE SECRETARY
TO THE GOVERNMENT OF ASSAM
Page No.# 4/7
HEALTH AND FAMILY WELFARE (A) DEPARTMENT
DISPUR
GUWAHATI- - 781006
ASSAM.
3:THE DIRECTOR OF HEALTH SERVICES
HENGRABARI
GUWAHATI- - 781036
KAMRUP (M) ASSAM.
4:THE JOINT DIRECTOR OF HEALTH SERVICES
GOALPARA
ASSAM.
5:THE SCREENING COMMITTEE
REPRESENTED BY THE CHAIRMAN (ADDITIONAL DIRECTOR OF HEALTH
SERVICES)
HANGRABARI
GUWAHATI- 3
Advocate for the Petitioner : MR M GOSWAMI
Advocate for the Respondent : SC, HEALTH
Linked Case :
NARAYAN PRASAD RABHA AND 16 ORS
VERSUS
THE STATE OF ASSAM AND 4 ORS (A)
------------
Advocate for : MR R SINGHA
Advocate for : appearing for THE STATE OF ASSAM AND 4 ORS (A)
Linked Case :
Page No.# 5/7
NARAYAN PRASAD RABHA AND 16 ORS
VERSUS
THE STATE OF ASSAM
------------
Advocate for : MR R SINGHA
Advocate for : appearing for THE STATE OF ASSAM
Page No.# 6/7
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
15.11.2023
(M. R. Pathak, J)
Heard Mr. M. Goswami, learned counsel for the applicants. Also heard Mr. B.
Gogoi, learned Standing counsel, Health & Family Welfare Department representing
respondent Nos. 1 to 5.
2. The applicants were the Grade-IV employees allegedly been appointed by the
Director of Health Services/Joint Director of Health Services, Assam. They were
removed from their services on 24.02.2020. Being aggrieved with their removal orders
dated 24.02.2020, the applicants had preferred a writ petition, being WP(C)
No.8220/2019. The learned Single Judge, by common Judgment and Order dated
29.09.2023, passed in WP(C) No.5013/2020 (Srimati Arunima Gogoi vs. State of
Assam & others) and other connected case including WP(C) No.8220/2019 (Narayan
Prasad Rabha & 75 others vs. State of Assam & others), dismissed the said writ
petitions.
3. Being aggrieved with the said dismissal order dated 29.09.2023, passed in the
common Judgment and Order in WP(C) No.5013/2020, the applicants had preferred the
connected writ appeal on 14.11.2023 with a delay of 12 days. Hence, this application
filed by the appellants as the applicants for condoning the delay of 12 days in preferring
the connected writ appeal against the common Judgment and Order dated 29.09.2023
passed by the learned Single Judge in WP(C) No.5013/2020 and other connected cases.
4. Mr. B. Gogoi, learned Standing Counsel, Health & Family Welfare Department, has
raised no objection in condoning the delay of 12 days in preferring the connected writ
Page No.# 7/7
appeal.
5. We have perused the grounds placed by the applicants for condoning the delay of 12
days while preferring the connected writ appeal. It is stated that the applicants are from
different places and after their termination from services, they were looking for jobs at
different places of the State and as such to gather themselves to prefer this appeal, there
was a delay of 12 days.
6. We have seen that the applicants could place sufficient reasons for the delay in
preferring the connected writ appeal against the impugned common Judgment and Order
dated 29.09.2023 passed in WP(C) No.5013/2022 and other connected cases.
7. Accordingly, the delay of 12 days in preferring the connected writ appeal is
condoned.
8. Registry shall accordingly register the connected writ appeal and list the same for
admission before the appropriate Bench, after placing the matter before the Hon'ble
Chief Justice (Acting) on his administrative side.
9. In terms of above, this interlocutory application stands allowed.
JUDGE JUDGE
Comparing Assistant
