Monika Das vs The State Of Assam And 8 Ors
2025 Latest Caselaw 2907 Gua

Gauhati High Court

Monika Das vs The State Of Assam And 8 Ors on 6 February, 2025

                                                                  Page No.# 1/3

GAHC010219442017




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

                             Case No. : WP(C)/4287/2017

         MONIKA DAS
         W/O LT. DR. G.K. DAS LOWER DIVISIONAL ASSISTANT RETIRED, OFFICE
         OF THE DIRECTOR OF HEALTH SERVICES, ASSAM, HENGRABARI,
         GUWAHATI -36, DIST. KAMRUP M, ASSAM



         VERSUS

         THE STATE OF ASSAM and 8 ORS.
         REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
         DEPARTMENT OF HEALTH AND FAMILY WELFARE, DISPUR, GUWAHATI-
         781006.

         2:THE DIRECTOR OF HEALTH SERVICES

          ASSAM
          HENGRABARI
          GUWAHATI-781036.

         3:SRI ROBINDRA SINHA @ ROBIN SINHA
          LDA/JUNIOR ASSISTANT
          OFFICE OF THE DIRECTOR OF HEALTH SERVICES
         ASSAM
          HENGRABARI
          GUWAHATI - 781036.

         4:SMTI. PARUL KALITA

          LDA/JUNIOR ASSISTANT
          OFFICE OF THE DIRECTOR OF HEALTH SERVICES
          ASSAM
          HENGRABARI
          GUWAHATI- 781036.
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            5:SRI DHARANI DHAR KALITA
             LDA/JUNIOR ASSISTANT
             OFFICE OF THE DIRECTOR OF HEALTH SERVICES
            ASSAM
             HENGRABARI
             GUWAHATI- 781036.

            6:SRI SANJU DEORI
             LDA/JUNIOR ASSISTANT
             OFFICE OF THE DIRECTOR OF HEALTH SERVICES
            ASSAM
             HENGRABARI
             GUWAHATI- 781036.

            7:SMTI. MALLIKA BORA
             LDA/JUNIOR ASSISTANT
             OFFICE OF THE DIRECTOR OF HEALTH SERVICES
            ASSAM
             HENGRABARI
             GUWAHATI- 781036.

            8:SRI HITESH CHANDRA KALITA
             LDA/JUNIOR ASSISTANT
             OFFICE OF THE DIRECTOR OF HEALTH SERVICES
            ASSAM
             HENGRABARI
             GUWAHATI- 781036.

            9:SRI MOON MOON DEKA
             LDA/JUNIOR ASSISTANT
             OFFICE OF THE DIRECTOR OF HEALTH SERVICES
            ASSAM
             HENGRABARI
             GUWAHATI- 781036

Advocate for the Petitioner   : MR.B HUSSAIN, MRA BARMAN,MR M BARDOLOI,MR.P K
GOSWAMI

Advocate for the Respondent : MR SISHIR DUTTA (RES. 3 TO 9), MR. SIDHANT DUTTA (RES.
3 TO 9),MS S MOCHAHARI (RES. 3 TO 9),SC, HEALTH,,
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                                 BEFORE
                HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                       ORDER

06.02.2025

Heard Mr. P. K. Goswami, learned counsel for the petitioner. Also heard Mr. B. Gogoi, learned Standing Counsel for the Health Department, Assam.

The petitioner, a retired employee has preferred this writ petition for grant of notional promotional benefit inasmuch as she claimed promotion during her service period as according to the petitioner, her juniors were promoted bypassing her.

Mr. Gogoi, learned Standing Counsel for the Health Department, Assam referring to a recent determination made by the Hon'ble Apex Court in the case of Government of West Bengal & Ors -Vs- Dr. Amal Satpathi and Ors (Diary No.43488/2023 decided on 27.11.2024) submits that the issue has been determined in the aforesaid judgment and it is held that until and unless a person assumes the promotional post, notional financial benefit cannot be granted after retirement.

At this stage, Mr. Goswami, learned counsel for the petitioner that he may be granted sometime to go through the said judgment and respond.

Prayer is allowed.

List this matter on 11.02.2025.

JUDGE

Comparing Assistant