Page No.# 1/8 vs The State Of Assam And 21 Ors
2025 Latest Caselaw 100 Gua

Gauhati High Court

Page No.# 1/8 vs The State Of Assam And 21 Ors on 2 May, 2025

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                Page No.# 1/8

GAHC010218032021




                                                         undefined

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

                           Case No. : WP(C)/7216/2021

         BIJAYA LAHON AND 16 ORS.
         C/O- MUNIN GOGOI
         R/O-RAJGARH SARASWATI PHARMACHY, P.O- RAJGARH, DIST-
         DIBRUGARH, ASSAM.

         2: DEBA BALA TAMULI
          C/O- BRAJEN DUTTA
         VILL- RANGAIHABI GAON
          P.O
         CHALIHA
          PIN-785004

         DIST- JORHAT
         ASSAM

         3: DEVA PROVA PHUKON NEOG
          C/O- DR ANANADA NEOG
         R/O- SAMANNAY PATH

         JAIL ROAD
         DIST- JORHAT

         4: JUNALI CHUTIA
          C/O- RAHUL KUMAR DUTTA
         TENGAKHAT MODEL HOSPITAL

         DIST- DIBRUGARH
         PIN-786103

         5: HEMA PRAVA HAZARIKA
          C/O- HARESWAR DAS
         TEOK TELIA GAON
          P.O- TEOK
         DIST- JORHAT
                                   Page No.# 2/8

PIN-785112

6: LABANYA DEVI
 C/O- HARAKANTA DEKA
VILL- MORIGAON

P.O- MORIGAON
 PIN-782105

7: PANCHAMI DEKA
 D/O- LATE LAKHIRAM DEKA
VILL-CHENIGAON
 P.O- GORESWAR
DIST- BAKSA
ASSAM

8: GUNAKANTI GOHAIN
 C/O- DR. AMULYA KUMAR HAZARIKA
ANANDA NAGAR
 BYE LANE-3

PRAGJYOTISH APARTMENT

DIST- KAMRUP

9: MINARBHA DAS
 C/O- ARJUN THAKURIA
HENGRABARI LICHUBAGAN
P.O- HENGRABARI
 DIST- KAMRUP

10: ARUNA SAIKIA
 GMCH
 P.O- INDRAPUR

DIST- KAMRUP
ASSAM

11: NAMITA PATHAK
 W/O- MOTILALA DAS
VILL- GANDHI NAGAR
 P.O- BARPETA

DIST- BARPETA
ASSAM

12: UPASANA SAIKIA
 C/O-SANJAY DEKA
                                  Page No.# 3/8

VILL- RADHAKUCHI
P.O- KARARA

P.S-BAIHATA CHARIALI

DIST- KAMRUP
ASSAM

13: SUWALA DEKA
 C/O- DIPAK DAS
VILL- BARBARI VIP ROAD
 SHIV NAGAR

P.O-- UDAYAN VIHAR
 DIST- KAMRUP
ASSAM

14: PABITRA DEKA
W/O- DEBEN KALITA
R/O- SHIVALIK ENCLAVE

BRINDABAN PATH
RUPNAGAR
GHY

15: NIRALA DEKA
 C/O- RAJANI KANTA DEKA
VILL- RUPNAGAR NEAR L.P SCHOOL

P.O- INDRAPUR

P.S- PLATAN BAZAR
 DIST- KAMRUP(M)

16: KAJEK INGTIPI
 C/O- LATE STEPHEN KILLING
HAMREN CIVIL HOSPITAL

P.O- HAMREN
 PIN-782486

DIST- KARBIANGLONG

17: MONOROMA SONOWAL
 C/O- UDDHAB CHANDRA NATH
R/O- NEAR ISKCON TEMPLE

VILL- RONGTHENG-A
                                                     Page No.# 4/8


P.O- DIPHU
ASSAM
 KARBIANGLONG

VERSUS

THE STATE OF ASSAM AND 21 ORS.
REPRESENTED BY
THE PRINCIPAL SECRETARY TO THE
GOVERNMENT OF ASSAM, HEALTH AND
FAMILY WELFARE(A) DEPARTMENT,
DISPUR, GUWAHATI--781006.

2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
 HEALTH AND FAMILY WELFARE(A) DEPTT.
 DISPUR

GUWAHATI--781006

3:THE SECRETARY TO THE GOVERNMENT OF ASSAM
 HEALTH AND FAMILY WELFARE(A) DEPARTMENT
 DISPUR

GUWAHATI--781006

4:THE DIRECTOR OF HEALTH SERVICES
 SERVICES (NURSING)
 HENGRABARI

GUWAHATI
ASSAM

5:THE JOINT DIRECTOR OF HEALTH SERVICES (NURSING)
 HENGRABARI

GUWAHATI
ASSAM

6:ALL ASSAM GRADUATE NURSES ASSOCIATION
 HAVING ITS REGISTERED OFFICE
AT RUKMININI GAON
 NABARATNA PATH.

7:SMTI JUNU SARMA
W/O- SRI NIRANJAN SARMA
R/O- RUKMINI GAON
                                                   Page No.# 5/8

NABARATNA PATH

HOUSE NO-4
 P.O- KHANPARA
 GUWAHATI-
781022
 DISTRICT- KAMRUP(M).

8:GEETANJALI KALITA
 MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
 OFFICE AT RUKMINIGAON
 NABARATNA PATH
 GUWAHATI
 KAMRUP (M) PIN- 781022.

9:DEBONJANI NEOG
 MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
 OFFICE AT RUKMINIGAON
 NABARATNA PATH
 GUWAHATI
 KAMRUP (M) PIN- 781022.

10:MERAWATI DEVI
 MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
 OFFICE AT RUKMINIGAON
 NABARATNA PATH
 GUWAHATI
 KAMRUP (M) PIN- 781022.

11:SONU RONGPI
 MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
 OFFICE AT RUKMINIGAON
 NABARATNA PATH
 GUWAHATI
 KAMRUP (M) PIN- 781022.

12:MAMANI BALIMARIA
 MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
 OFFICE AT RUKMINIGAON
 NABARATNA PATH
 GUWAHATI
 KAMRUP (M) PIN- 781022.

13:MRIDULI RONGHAPI
 MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
 OFFICE AT RUKMINIGAON
 NABARATNA PATH
 GUWAHATI
                                                   Page No.# 6/8

KAMRUP (M) PIN- 781022.

14:ANJU THAKURIA
 MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
 OFFICE AT RUKMINIGAON
 NABARATNA PATH
 GUWAHATI
 KAMRUP (M) PIN- 781022.

15:GRAU LALMISANG
 MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
 OFFICE AT RUKMINIGAON
 NABARATNA PATH
 GUWAHATI
 KAMRUP (M) PIN- 781022.

16:HIRUMONI PAIT
 MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
 OFFICE AT RUKMINIGAON
 NABARATNA PATH
 GUWAHATI
 KAMRUP (M) PIN- 781022.

17:ANU SAIKIA
 MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
 OFFICE AT RUKMINIGAON
 NABARATNA PATH
 GUWAHATI
 KAMRUP (M) PIN- 781022.

18:MAMITA DUTTA
 MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
 OFFICE AT RUKMINIGAON
 NABARATNA PATH
 GUWAHATI
 KAMRUP (M) PIN- 781022.

19:RIJUMONI GOGOI
 MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
 OFFICE AT RUKMINIGAON
 NABARATNA PATH
 GUWAHATI
 KAMRUP (M) PIN- 781022.

20:REKHA BORAH
 MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
 OFFICE AT RUKMINIGAON
 NABARATNA PATH
                                                                                   Page No.# 7/8

             GUWAHATI
             KAMRUP (M) PIN- 781022.

            21:POLY SAIKIA
             MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
             OFFICE AT RUKMINIGAON
             NABARATNA PATH
             GUWAHATI
             KAMRUP (M) PIN- 781022.

            22:LINA BORGOHAIN
             MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
             OFFICE AT RUKMINIGAON
             NABARATNA PATH
             GUWAHATI
             KAMRUP (M) PIN- 781022.

            23:SHOVE ROY
             MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION
             OFFICE AT RUKMINIGAON
             NABARATNA PATH
             GUWAHATI
             KAMRUP (M) PIN- 781022

Advocate for the Petitioner   : MR B P BORAH, MR. P K GOSWAMI,MR R S RONGHANG,MR P
J DUTTA

Advocate for the Respondent : SC, HEALTH AND F W, MS S PATOWARY(R7,
8,12,14,16,9,11,22,13,21,20,19,18),MR R SINGHA (R7, 8,12,14,16,9,11,22,13,21,20,19,18),MR. U K
NAIR (R7),MR R SINGHA (FOR CAVEATOR)




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                           ORDER

02.05.2025

Mr. B.P. Borah, learned counsel appears for the petitioners.

Mr. R. Singha, learned counsel appears for the respondent Nos. 7 to 9, 11 to 14, 16, 18 to 22.

Mr. D.P. Bora, learned Standing Counsel appears for the Health and Family Page No.# 8/8

Welfare Department.

The learned counsel for the parties have submitted before the Court that similar issues have already been decided by the Co-ordinate Bench in WP(C) No. 2940/2021 & WP(C) No. 6006/2021 by judgment and order dated 21.03.2025. Both these writ petitions being WP(C) No. 2940/2021 & WP(C) No. 6006/2021 were being disposed of on the ground that since the petitioners and private respondents had already been promoted to the rank of Assistant Matron, the issue of seniority in the Sister Tutor cadre was deemed inconsequential. However, taking into account the petitioners' concern regarding future promotion to the rank of Matron, the Court directed that the Gradation List for Assistant Matrons must be prepared strictly in accordance with law and that any future promotional exercises must be conducted in full compliance with the Assam Nursing Services Rules, 1991, particularly adhering to the procedures prescribed therein.

In view of the above and in view of the consent of the parties before this Court, this writ petition stands closed directing the authorities to prepare the Gradation List for the rank of Assistant Matron strictly in accordance with law and if the Department undertakes a decision for further promotion, the same shall be done strictly in accordance of law and particularly by following the prescription of the Assam Nursing Rules of 1991.

Accordingly, this writ petition stands disposed of in terms of the above.

JUDGE

Comparing Assistant