Gauhati High Court
Page No.# 1/6 vs The State Of Assam And 4 Ors on 27 June, 2025
Author: Suman Shyam
Bench: Suman Shyam
Page No.# 1/6
GAHC010127682025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3607/2025
SANGEETA BAYAN AND 5 ORS
DAUGHTER OF DEBESWAR BAYAN, RESIDENT OF HOUSE NO 16,
MATHURANAGAR, HARIMANDIR PATH, PO DISPUR, DISTRICT KAMRUP
(M) PIN 781006.
2: SNIGDHA SAIKIA
D/O RUDRAM SAIKIA
R/O DEMOW KUSHAL PATH
P.O. DEMOW
DIST. SIVASAGAR
PIN-785662
3: AFSANA HAQUE CHOUDHURY
D/O AYNAL HOQUE CHOUDHURY
R/O HEDAYETPUR
WARD NO. 16
P.O. BALADMARI
DIST. GOALPARA
PIN-783121
4: MOUSUMI DAS
D/O SATYENDRA KUMAR DAS
R/O SUBHA MARKET
G.S. ROAD
P.O. PALTAN BAZAR
DIST. KAMRUP (M)
PIN- 781001
5: SUMAN DAS
S/O SAMIRAN DAS
R/O RAJIB PATH
Page No.# 2/6
JHOOLANPUL
LUMDING
DIST.HOJAI
ASSAM
PIN-782447
6: HIMANGSHU SINGHA
SON OF HARIPADA SINGHA
R/O GHRITINGARKUTI
P.O. KAMANDANGA
DIST. DHUBRI
ASSAM
PIN-78333
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY, HEALTH AND
FAMILY WELFARE DEPARTMENT, GOVERNMENT OF ASSAM, DISPUR,
GUWAHATI-781006.
2:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR
GUWAHATI- 781006.
3:THE COMMISSIONER AND SECRETARY
FINANCE DEPARTMENT
GOVERNMENT OF ASSAM
DISPUR
GUWAHATI-781006.
4:THE DIRECTOR OF HEALTH SERVICES
ASSAM
HENGRABARI
GUWAHATI-781036.
5:THE MEDICAL AND HEALTH RECRUITMENT BOARD
ASSAM
ACMR BUILDING
NEAR O/O THE DME
ASSAM SIX MILE
KHANAPARA
Page No.# 3/6
GUWAHATI-781022
REPRESENTED BY ITS CHAIRMAN
Advocate for the Petitioner : MR. M DUTTA, POOJA ROY,L DEKA
Advocate for the Respondent : SC, HEALTH, SC, FINANCE
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
27.06.2025
Heard Mr. M. Dutta, learned counsel appearing for the writ petitioners.
Also heard Mr. D. P. Borah, learned Standing Counsel, Health Department,
Assam appearing for the official respondents.
The writ petitioners herein were all engaged under Regulation 3(f) of the
Assam Public Service Commission (Limitation of Functions) Regulation, 1951 for a
specified tenure. However, after completion of their fixed tenure, the
department has decided not to extend their service or to allow them to
continue and instead, has initiated a recruitment process for filling up the
vacancies on regular basis by appointing eligible candidates. The grievance of
the petitioner is that their services have been terminated without following the
due process of law and there is a move to replace one set of ad-hoc
employees by another.
The learned departmental counsel Mr. D. P. Borah had, however,
contested such stand of the petitioners' counsel.
Taking note of the submissions made at the Bar, this Court had passed
Page No.# 4/6
order dated 26.06.2025 to the following effect :-
"Heard Mr. M. Dutta, learned counsel for the writ petitioners. Also
heard Mr. D.P. Borah, learned standing counsel, Health Department,
Assam who prays for posting this matter again tomorrow, i.e. on 27-06-
2025 so as to enable him to seek instruction and apprise this Court as to
whether, the writ petitioners are still serving and if not, the respective
dates and procedure adopted for bringing their services to an end. Mr.
Bora to also obtain instruction and apprise this Court as to the manner in
which the posts which were held by the petitioners, are going to be
manned, pending finalisation of the recruitment process initiated vide
advertisement notice dated 28-12-2018, read with corrigendum dated
13-03-2025, and also the stage of the recruitment process as on date.
One extra copies of the writ petition be furnished to Mr. Bora
during the course of the day.
List for motion again on 27-06-2025."
Today when the matter is called up, Mr. Borah has produced a written
instruction dated 26.06.2025 issued by the Additional Secretary to the Govt. of
Assam, Health & Family Welfare Department, Dispur, a perusal of which goes to
show that the petitioners were not allowed to continue after expiry of their
tenure as indicated in the appointment orders issued under Regulation 3(f) of
the Regulations of 1951. Therefore, it is apparent that the period of service of
the petitioners have already come to an end. Under the circumstances, there is
no legal justification for this Court to issue a writ of mandamus, either permanent
or of interim nature, directing the respondents to allow the writ petitioners to
continue in service. It also appears that vide judgment and order dated
28.11.2024 passed by a coordinate Bench in WP(C) No.3278/2019 observation
Page No.# 5/6
has already been made to the effect that weightage for the ad-hoc service
rendered by the petitioners be given to them in the regular selection process.
Accordingly, a corrigendum dated 30.03.2025 has also been issued by the
department indicating that such weightage would be given in case of ad-hoc
employees such as the writ petitioners in the regular selection process. Mr. Borah
has further submitted that as soon as the budgetary provision for conducting
the recruitment drive is received, necessary steps will be taken for bringing the
process to an end expeditiously. Therefore, no order from this Court is warranted
even on this issue.
Situated thus, the only issue that would now survive for consideration in
this case is pertaining to the prayer made by the petitioners for release of their
arrear salary for the services rendered by them beyond the term as 3(f)
appointees. The said aspect of the matter can be examined only after the
affidavit is filed by the department responding to the plea raised in the writ
petition.
Issue notice of motion returnable on 11.08.2025.
Since Mr. D. P. Borah, learned Standing Counsel, Health Department,
Assam has entered appearance and accepted notice on behalf of respondent
Nos.1, 2, 4 and 5 and Mr. A. Chaliha, learned Standing Counsel, Finance
Department, Assam has accepted notice on behalf of respondent No.3, service
of notice is deemed to be complete in this case. However, extra copies of the
writ petition, requisite in numbers, be furnished to the learned departmental
counsel, within a week from today, so as to enable them obtain instruction and
file affidavit.
Page No.# 6/6
A copy of the communication dated 26.06.2025 be tagged with the
record of this case.
JUDGE
Comparing Assistant
