Gauhati High Court
Hyder Hussain vs The State Of Assam And 4 Ors on 24 February, 2025
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/6
GAHC010116412023
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3130/2023
HYDER HUSSAIN
SON OF LATE YAKUB HUSSAIN,
RESIDENT OF BELTOLA, BONGAON,
P.O.- BASISTHA, GUWAHATI-28,
DISTRICT- KAMRUP(M), ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY ITS COMMISSIONER AND SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY WELFARE(A),
DISPUR, GUWAHATI- 781006.
2:THE UNDER SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE(A) DEPTT.
DISPUR
GUWAHATI-6.
3:THE DIRECTOR OF HEALTH SERVICES
ASSAM
HENGRABARI
GUWAHATI-36.
4:THE JOINT DIRECTOR OF HEALTH SERVICES (T)
S.H.T.O.
NARENGI
GUWAHATI-71.
5:THE ACCOUNTANT GENERAL
ASSAM
MAIDAMGAON
GUWAHATI-29
Page No.# 2/6
Advocate for the Petitioner : MR D K ROY, MR. M DEKA
Advocate for the Respondent : SC, HEALTH, MR. B GOGOI,MR. A HASAN (R-5),SC, AG (A AND
E),MR. B GOGOI (R-1 TO R-4),SC, HEALTH AND F W,SC, AG
Linked Case : WP(C)/3136/2023
TAMIZ ALI
SON OF ROMUZ ALI
RESIDENT OF VILLAGE AND P.O. PINGALESWAR
P.S.- BAIHATA CHARIALI
PIN- 781381
DISTRICT- KAMRUP(R)
ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY ITS COMMISSIONER AND SECRETARY
DEPARTMENT OF HEALTH AND FAMILY WELFARE(A)
DISPUR
GUWAHATI- 781006
2:THE UNDER SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE(A) DEPTT.
DISPUR
GUWAHATI-6.
3:THE DIRECTOR OF HEALTH SERVICES
ASSAM
HENGRABARI
GUWAHATI-36.
4:THE JOINT DIRECTOR OF HEALTH SERVICES (T)
S.H.T.O.
Page No.# 3/6
NARENGI
GUWAHATI-71.
5:THE ACCOUNTANT GENERAL
ASSAM
MAIDAMGAON
GUWAHATI-29.
------------
Advocate for : MR D K ROY
Advocate for : SC
HEALTH & FAMILY WELFARE DEPTT. appearing for THE STATE OF ASSAM
AND 4 ORS
Linked Case : WP(C)/3133/2023
NRIPEN DUTTA MAZUMDAR
RESIDENT OF SEWALI PATH
P.S.- HATIGAON
GUWAHATI- 781038
DISTRICT- KAMRUP(M)
ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY ITS COMMISSIONER AND SECRETARY
DEPARTMENT OF HEALTH AND FAMILY WELFARE(A)
DISPUR
GUWAHATI- 781006.
2:THE UNDER SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE(A) DEPTT.
DISPUR
GUWAHATI-6.
3:THE DIRECTOR OF HEALTH SERVICES
ASSAM
HENGRABARI
GUWAHATI-36.
4:THE JOINT DIRECTOR OF HEALTH SERVICES (T)
Page No.# 4/6
S.H.T.O.
NARENGI
GUWAHATI-71.
5:THE ACCOUNTANT GENERAL
ASSAM
MAIDAMGAON
GUWAHATI-29.
------------
Advocate for : MR D K ROY
Advocate for : SC
HEALTH appearing for THE STATE OF ASSAM AND 4 ORS
Linked Case : WP(C)/3134/2023
DWIPEN THAKURIA
SON OF LATE DHARMESWAR THAKURIA
RESIDENT OF RANGPUR NAGAR
HENGRABARI
P.S.- DISPUR
GUWAHATI- 781036
DISTRICT- KAMRUP(M)
ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY ITS COMMISSIONER AND SECRETARY
DEPARTMENT OF HEALTH AND FAMILY WELFARE(A)
DISPUR
GUWAHATI- 781006
2:THE UNDER SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE(A) DEPTT.
DISPUR
GUWAHATI-6.
3:THE DIRECTOR OF HEALTH SERVICES
ASSAM
HENGRABARI
Page No.# 5/6
GUWAHATI-36.
4:THE JOINT DIRECTOR OF HEALTH SERVICES (T)
S.H.T.O.
NARENGI
GUWAHATI-71.
5:THE ACCOUNTANT GENERAL
ASSAM
MAIDAMGAON
GUWAHATI-29.
------------
Advocate for : MR D K ROY
Advocate for : SC
HEALTH & FAMILY WELFARE DEPTT. appearing for THE STATE OF ASSAM
AND 4 ORS
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
24.02.2025
Heard Mr. M. Deka, learned counsel for the petitioners.
The grievances of the petitioners are that the scale of pay payable to the
petitioners from the date of amalgamation of posts of Laboratory Assistance into
Laboratory Technician have not been granted and therefore, they are before this
Court. Learned counsel for the petitioners relies on the judgment passed by the
Division Bench of this Court rendered in WA no. 290/2021 by order dated
23.11.2021, whereby the Division Bench had upheld the claim of the appellants
therein for the scale of pay payable to those appellants in the post of Laboratory
Technician with effect from the date of amalgamation. Similar benefit is claimed
Page No.# 6/6
by the petitioners in the present proceedings.
Mr. B. Gogoi, learned Standing Counsel, Health Department and Mr. C.
Baruah, learned Standing Counsel, Accountant General (A&E) in WP(C)
No.3130/2023, Mr. B. Sharma, learned Standing Counsel, Accountant General
(A&E) in the WP(C) No.3133/2023, Mr. Mr. B. Chakraborty, learned Standing
Counsel, Accountant General (A&E) in the WP(C) No.3134/2023 and Mr. RK
Talukdar, learned Standing Counsel, Accountant General (A&E) in the WP(C)
No.3136/2023 submits that the steps for reevaluation and reassessment of the
financial benefits payable to the writ petitioners have been worked out by the
Department and all benefits found entitled to the writ petitioners have been
released including the leave encashment benefit. The question of release of
arrear salary and allowances are under process and will be paid on the
availability of the required fund from the authority concerned.
Learned counsel for the petitioners prays for some time to complete his
instructions as he submits on instructions that the petitioners are before the
Office of the Joint Director, Health Services and the outcome of the said
proceeding is not known to the counsel. He therefore prays for a week's time.
Accordingly, list the matter after 1 (one) week.
JUDGE
Comparing Assistant
