Shri Binay Kalita vs The State Of Assam And 5 Others
2025 Latest Caselaw 2873 Gua

Gauhati High Court

Shri Binay Kalita vs The State Of Assam And 5 Others on 5 February, 2025

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GAHC010013202025




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

                           Case No. : WP(C)/459/2025

         SHRI BINAY KALITA
         S/O LATE JADAB KALITA, RESIDENT OF HENGRABARI, JIBAN KRISHNA
         PATH, HOUSE NO 39, PO - HENGRABARI, DISTRICT - KAMRUP (M), PIN -
         781036



         VERSUS

         THE STATE OF ASSAM AND 5 OTHERS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT
         OF ASSAM, HEALTH AND FAMILY WELFARE (A) DEPARTMENT, DISPUR,
         GUWAHATI - 781006.

         2:THE DIRECTOR OF HEALTH SERVICES
         ASSAM
          HENGRABARI
          GUWAHATI - 781006.

         3:THE JOINT DIRECTOR OF HEALTH SERVICES
          PANBAZAR
          GUWAHATI - 781001
         ASSAM.

         4:THE PRINCIPAL TUTOR
          GNM TRAINING SCHOOL
          MMCH
          PANBAZAR
          GUWAHATI - 781001.

         5:THE COMMISSIONER AND SECRETARY
         TO THE GOVERNMENT OF ASSAM
          FINANCE DEPARTMENT
          DISPUR
                                                                              Page No.# 2/3

             GUWAHATI - 781006

            6:THE ACCOUNTANT GENERAL (A AND E)
            ASSAM
             MAIDAMGAON
             BELTOLA
             GUWAHATI - 781029

Advocate for the Petitioner   : MR B D DAS, MR H K SARMA,MR J LOTHA,MR. H R DAS

Advocate for the Respondent : SC, HEALTH AND F W, SC, AG (A AND E),SC, FINANCE




                                          BEFORE
                  THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                   ORDER

05.02.2025

1. Heard Mr. BD Das, learned Senior counsel assisted by Mr. J Lotha, learned counsel for the petitioner. Also heard Mr. DP Borah, learned counsel for the respondent Nos. 1 to 4 and Ms. B Chakravarty, learned counsel for the respondent No. 6.

2. The petitioner seeks benefits of the judgment dated 22.06.2022 passed in WP(C) 1498/2016 and the consequent speaking order dated 24.08.2022 passed by the Director of Health Services, Assam, Hengerabari on the ground that the petitioner is also similarly situated to that of the petitioners in WP(C) 1498/2016.

3. The learned standing counsel for the Health Department submits that he may be allowed to complete his instruction whether such benefits can be granted to the petitioner and to file an affidavit in this regard.

4. Accordingly, issue notice, returnable on 10.03.2025.

5. As Mr. DP Borah, learned State counsel accepts notices on behalf of respondent Nos. 1,2,3,4 and 5 and Ms. B Chakravarty, learned standing counsel for the Accountant General accepts notice on behalf of respondent No. 6, no Page No.# 3/3

formal notice needs to be issued. However, extra copies be furnished to them within a period of five days from today.

JUDGE

Comparing Assistant