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Gauhati High Court

Sumitra Biswas And 10 Ors vs The State Of Assam And 3 Ors on 31 August, 2020

Author: Suman Shyam

Bench: Suman Shyam

                                                                    Page No.# 1/4

GAHC010107102020




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

                            Case No. : WP(C) 3168/2020

         1:SUMITRA BISWAS AND 10 ORS.
         D/O- LT. SWAPAN BISWAS, R/O- VILL- WARD NO. 3, SANTINAGAR, DIST.-
         KOKRAJHAR, ASSAM

         2: REKHAN SANGMA
          S/O- LT. MORESH SANGMA
          R/O- VILL- KAZIGAON
          P.O. AND P.S. KAZIGAON
          PIN- 783339
          DIST.- CHIRANG
         ASSAM

         3: RAJIB KR. BRAHMA
          S/O- BALURAM MARDI
         VILL- PACHIM PATGAON
          P.O. DUMARIGURI
          PIN- 783347
         ASSAM

         4: SANJIT BASUMATARY
          S/O- LT. THANESWAR BASUMATARY
          R/O- VILL- BACHIM ENKORBARI
          P.O. CHOTTONILIBARI
          DIST.- CHIRANG
         ASSAM

         5: ANSURA PORBIN
          D/O- ABDUL AZIZ MIAH
          R/O- VILL- MAGURMARI
          P.O. AND P.S. FAKIRAGRAM
          PIN- 783345
         ASSAM

         6: RAJILA ISWARY
                                                             Page No.# 2/4

D/O- SHRI. LETHEN ISWARY
R/O- VILL- HATISAR
BONGAON
PIN- 783375
DIST.- CHIRANG
ASSAM

7: SUSHIMA BASUMATARY
W/O- SHRI. MANAJIT NARZARY
 R/O- GAYBARI
 P.O. KHAGRABARI
 DIST.- CHIRANG
 PIN- 783385
ASSAM

8: SRABANI DEY
 D/O- LT. NILU DEY
 R/O- VILL- TIPKAI BANDAR
 P.O. TIPKAI
 P.S. BAGRIBARI
 DIST.- KOKRAJHAR
ASSAM

9: POMPI ROY
 D/O- SHRI. PRODIP ROY
 R/O- WARD NO. 4
 P.O. AND P.S. KOKRAJHAR
ASSAM

10: MAMPI BARMAN
W/O- ABHIJIT BARMAN
 R/O- WARD NO. 2
 P.O. KOKRAJHAR
 DIST.- KOKRAJHAR
ASSAM

11: WILTON MARAK
 S/O- SHRI TONENDRA SANGMA
 R/O- KAZIGAON PT 1
 KOKRAJHAR
 BTC
 PIN- 783339
ASSA

VERSUS

1:THE STATE OF ASSAM AND 3 ORS.
REP. BY THE COMM. AND SECY., W.P.T. AND B.C. DEPTT., GOVT. OF
                                                                                  Page No.# 3/4

            ASSAM, DISPUR-05, ASSAM

            2:THE PRINCIPAL SECRETARY
             BODOLAND TERRITORIAL COUNCIL (BTC)
             BODOFA NAGAR
             P.O. AND DIST.- KOKRAJHAR
             BTAD
             PIN- 783370
            ASSAM

            3:THE SECRETARY
             HEALTH AND FAMILY WELFARE DEPTT.
             BODOLAND TERRITORIAL COUNCIL (BTC)
             P.O. AND DIST.- KOKRAJHAR
             BTAD
             PIN- 783370
            ASSAM

            4:THE DIRECTOR OF HEALTH SERVICES
             BODOLAND TERRITORIAL COUNCIL (BTC)
             KOKRAJHAR
             PIN- 783370
            ASSA

Advocate for the Petitioner   : MS. B BHUYAN

Advocate for the Respondent : GA, ASSAM




                                    BEFORE
                       HONOURABLE MR. JUSTICE SUMAN SHYAM

                                          ORDER

31.08.2020 Ms. B. Bhuyan, learned counsel appearing for the writ petitioners, submits that the petitioners were appointed as casual workers on fixed pay basis under the Directorate of Health Services by the BTC authorities. Although the petitioners have been rendering their services continuously, yet the respondents have not paid their wages since the month of March, 2020. On the contrary, it has now come to the knowledge of the petitioners that the respondents are Page No.# 4/4 seeking to terminate the services of the petitioners without following the due process of law.

Ms. R. B. Bora, learned Standing Counsel, BTC, prays for some time to obtain instruction and apprise this Court.

After hearing the submissions of learned counsel for both the parties, this writ petition is directed to be posted for motion again on 14.09.2020 as a fixed item by reflecting the name of learned Standing Counsel, BTC, in the Cause List.

Two extra copies of the writ petition be furnished to Ms. Bora, learned Standing Counsel, BTC, during the course of the day so as to enable her to obtain instruction meeting the allegations made in the writ petition.

Considering the facts and circumstances of the case in its entirety and for ends of justice, it is provided that, till the next date fixed, status quo as regards the services of the petitioners be maintained.

JUDGE Comparing Assistant