Gauhati High Court
Page No.# 1/3 vs The State Of Assam And 9 Ors on 28 May, 2025
Author: Suman Shyam
Bench: Suman Shyam
Page No.# 1/3
GAHC010242742024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6180/2024
SADHAN HOJAI
C/O- LATE RAIJOMONI HOJAI, R/O- VTC, UMRANGSO LAKE SIDE, P.S.
UMRANGSO, SUB. DIV.- HAFLONG, DIST. DIMA HASAO, ASSAM, PIN-
788931.
VERSUS
THE STATE OF ASSAM AND 9 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, PUBLIC HEALTH ENGINEERING (PHE) DEPARTMENT, DISPUR,
ASSAM, GUWAHATI-781006.
2:THE SECRETARY TO THE GOVERNMENT OF ASSAM
PUBLIC HEALTH ENGINEERING DEPARTMENT
HENGRABARI
GUWAHATI-781036.
3:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPTT.
HENGRABARI
ASSAM
GHY-781036.
4:THE PRINCIPAL SECRETARY (T)
DIMA HASAO AUTONOMOUS COUNCIL
HAFLONG
ASSAM
PIN- 788819.
5:THE ADDITIONAL CHIEF ENGINEER
PUBLIC HEALTH ENGINEERING
HAFLONG
DIMA HASAO
Page No.# 2/3
PIN- 788819.
6:THE EXECUTIVE ENGINEER
PUBLIC HEALTH ENGINEERING DEPARTMENT
UMRANGSO DIVISION
UMRANGSO
DIMA HASAO
ASSAM
PIN- 788931.
7:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
ASSAM
DISPUR
GHY-781006.
8:THE ACCOUNTANT GENERAL (A AND E)
ASSAM
MAIDAMGAON
BELTOLA
GHY-781029.
9:THE JOINT SECRETARY TO THE GOVT. OF ASSAM
HILLS AREA DEPARTMENT
DISPUR
GHY-781006.
10:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
PENSION AND PUBLIC GRIEVANCES DEPARTMENT
DISPUR
GHY-781006
Advocate for the Petitioner : MR. N SARKAR, MR A BANERJEE,MR BHUBAN SHARMA
Advocate for the Respondent : GA, ASSAM, MR. S K MEDHI (SC, AG),SC, AG,SC, FINANCE,SC,
DIMA HASAO,SC, P H E
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 28-05-2025
Heard Mr. N. Sarkar, learned counsel for the writ petitioner.
Page No.# 3/3
Perused the averments made in the writ petition.
The writ petitioner is primarily aggrieved by the notification dated 10-02-2006
issued by the Finance Department, Govt. of Assam cancelling the regularisation of the
service of several work-charged and muster roll employee. Although the writ petitioner
has already retired from service, yet, his grievance is that due to the notification dated
10-02-2006, his pensionary claim has been adversely affected.
Mr. P. Nayak, learned Addl. AG (Finance), Assam as well as Mr. R.R. Gogoi, learned
standing counsel, PHE Department, Assam pray for some time to obtain instruction and
apprise this Court as to whether, the petitioner's case is covered by the judgment and
order dated 19-07-2023 passed by this Court in W.P.(C) No. 1231/2022.
Prayer allowed.
Mr. S.K. Medhi, learned standing counsel, AG(A&E), Assam, Ms. J. Gogoi, learned
standing counsel, DHAC along with A. Chakraborty, learned Govt. Advocate, Assam are
present on behalf of the official respondents.
List again after 10 days for motion.
One extra copy each of the writ petition be furnished to Mr. Nayak and Mr. Gogoi so
as to enable them to obtain instruction.
JUDGE
Comparing Assistant
