Gauhati High Court
Bichitra Kumar Deori vs The State Of Assam And 4 Ors on 6 August, 2021
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/4
GAHC010064942020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3359/2020
BICHITRA KUMAR DEORI
S/O- DR. A.C.DEORI, R/O- VILL- NAKARI,
BHOTOWACHUK, WARD NO.- 3,
P.O. NORTH LAKHIMPUR, DIST.- LAKHIMPUR,
ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM,
HEALTH AND FAMILY WELFARE DEPTT.,
DISPUR, GHY-06
2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GHY-06
3:THE DIRECTOR OF HEALTH SERVICES
GOVT. OF ASSAM
HENGRABARI
GHY-38
4:THE JOINT DIRECTOR OF HEALTH SERVICES
DHEMAJI
5:THE TREASURY OFFICER
DHEMAJ
Advocate for the Petitioner : MR. I CHOUDHURY
Advocate for the Respondent : SC, HEALTH
Page No.# 2/4
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
Date : 06.08.2021 Heard Sri I. Choudhury, learned counsel for the petitioner. Also heard Ms. D. Bora, learned Standing Counsel, Health and Family Welfare Department.
Considering the stand taken in the affidavit-in-opposition, the present writ petition is taken up for disposal at the admission stage itself.
The petitioner is working as a Vaccinator in Bordoloni PHC under the office of the Joint Director of Health Services, Dhemaji since 11.01.2020. It is the case of the petitioner that initially he was appointed as Grade-IV (Ward Boy) vide the order dated 31.12.2009 and was placed at North Lakhimpur Civil Hospital. Thereafter, in the year 2013, he was given the promotion to the post of Vaccinator and was posted under the Joint Director of Health Services, Sonitpur, Tezpur. In January, 2020, the petitioner was transferred to Dhemaji, where he had submitted his joining report and started to discharge his duties. However, the grievance of the petitioner is that he has not been paid his monthly salary since 11.01.2020 and in this regard, the petitioner had also submitted a representation dated 05.02.2020, which has not been paid any heed too.
Sri Choudhury, learned counsel for the petitioner submits that the appointment of the petitioner not being questioned, entitlement to his salary is a matter of right and non-payment of the monthly salary is in violation of his fundamental right by which grave prejudice has been Page No.# 3/4 caused to him. It is further submitted that the petitioner's right under Article 21 of the Constitution of India to live with dignity has been affected as he has no other means of livelihood.
Ms. D. Bora, learned Standing Counsel, Health and Family Welfare Department, by referring to the affidavit-in-opposition filed on 08.12.2020 however submits that steps are being taken to ameliorate the grievance of the petitioner.
The aforesaid submission is endorsed by the learned counsel for the petitioner, who has drawn the attention of this Court to the averments made in paragraph 19 of the affidavit-in-opposition dated 08.12.2020, which reads as follows:-
"19. That with regard to the statement made in paragraph 22 of the writ petition, the deponent begs to state that it is reiterated that the initial appointment of the petitioner as Grade-IV (Ward Boy) was made by JT. DHS, Lakhimpur in the year 2009 without submission of necessary proposal for (SIU) approval to this Directorate. However, on the strength of the Jt. DHS, Lakhimpur letter dated 03.10.2020 (Annexure-1) the undersigned will take necessary action for submission of the proposal to Govt. Health & Family Welfare Deptt. For (SIU) approval from Finance Department for drawal of salary and on receipt of the same from Govt. The petitioner will get his due salary."
The said affidavit-in-opposition makes it clear that since the initial appointment of the petitioner in the year 2009 was done without the submission of necessary proposal for (SIU) approval of the Directorate, the anomaly has been caused.
It is stated that on the strength of the letter dated 03.10.2020 Page No.# 4/4 issued by the Joint Director of Health Services, Lakhimpur, necessary action for submission of the proposal to the Government in the Health and Family Welfare Department for (SIU) approval from the Finance Department for drawal of salary will be taken and on receipt of the same, the petitioner would get his salary. It is also informed that the process as mentioned above is going on and would be completed within short time.
Considering the aforesaid fact and circumstances, the present writ petition is disposed of by directing the completion of the exercise of submission of the proposal to the department for obtaining (SIU) approval from the Finance Department and the same be completed expeditiously, preferably within an outer limit of 2 (two) months from today where after the petitioner be paid the current and arrear salaries as stated in the affidavit-in-opposition.
The writ petition accordingly stands disposed of.
JUDGE Comparing Assistant