Srimati Arunima Gogoi vs The State Of Assam And 4 Ors on 29 September, 2023

[Cites 12, Cited by 0]

Gauhati High Court

Srimati Arunima Gogoi vs The State Of Assam And 4 Ors on 29 September, 2023

Bench: Devashis Baruah

Page No.# 1/104

GAHC010152972020

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

Case No. : WP(C)/5013/2020

SRIMATI ARUNIMA GOGOI
W/O SRI SOCHI GOGOI, R/O NAMTI CHARIALI, TIPOMIA GAON, P.O.
NAMTI CHARIALI, DIST. SIVASAGAR, PIN-785684

VERSUS

THE STATE OF ASSAM AND 4 ORS
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, HEALTH
AND FAMILY WELFARE (A) DEPTT. DISPUR, GUWAHATI-781006, ASSAM

2:THE SECRETARY
TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE (A) DEPTT. DISPUR
GUWAHATI-781006
ASSAM

3:THE DIRECTOR OF HEALTH SERVICES
HENGRABARI
GUWAHATI-781036
KAMRUP (M)
ASSAM

4:THE JOINT DIRECTOR OF HEATH SERVICES
SIVASAGAR
GUWAHATI-781036
KAMRUP (M)
ASSAM

5:THE SCREENING COMMITTEE
REP. BY THE CHAIRMAN ADDITIONAL DIRECTOR OF HEALTH SERVICES
HANGRABARI
GUWAHATI-3
Page No.# 2/104

Linked Case : WP(C)/8668/2019

DIMPAL TALUKDAR AND 9 ORS.
S/O LT. ACHYUT TALUKDAR
R/O VILL. BHAWANIPUR
P.O. AND P.S. BHAWANIPUR
PIN-781325
DIST. BARPETA

2: DEEPJYOTI NATH
S/O SRI KISHORI NATH
R/O VILL. 1 NO. GALIYA HATI
PO AND P.S. BARPETA
PIN-781301
DIST. BARPETA

3: HEMEN CHANDRA KALITA
S/O LT. KESHAB CHANDRA KALITA
R/O VILL. SARU MANIKPUR
P.O. SARU MANIKPUR PIN-781329
DISY. BAKSA

4: MONIKA DEVI
D/O SRI DHARMESHWAR BARMAN
R/O VILL. CHENGA
P.O.CHENGA
P.S. TARABARI
PIN-781303
DIST. BARPETA

5: KULEN DAS
S/O LT. BIJAI KUMAR DAS
R/O DIHATI
WARD NO. 12
P.O. AND P.S. BARPETA
PIN-781301
DIST. BARPETA

6: RATUL CHANDRA BHUYAN
S/O SRI PRAKASH CHANDRA BHUYAN
R/O BAGORIBARI
B BLOCK
P.S. BORBARI
PIN-781372
DIST. BARPETA
Page No.# 3/104

7: AZIZUR RAHMAN
S/O LT. MAFIZ ALI
R/O VILL. DARGHAPUR
PO BHELLA
P.S. BARPETA
PIN-781309

8: FULL KUMAR SARKAR
S/O NANI GOPAL SARKAR
R/O VILL. PAKABETBARI
P.O. JARABANI
PIN-781314
DIST. BARPETA
ASSAM

9: TAPAN KALITA
S/O LT. SONARAM KALITA
R/O VILL. BAJALI
UDAYPUR
P.O. BARBARI
PIN-781351
DIST. NALBARI
ASSAM

10: SABITA NATH
W/O SRI KHANIN DAS
R/O VILL. JALAH (ALIGUR)
P.O. JALAGHAT
P.S. SIMLLA
PIN-781327
DIST. BAKSA
VERSUS

THE STATE OF ASSAM AND 4 ORS.
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE (A)
DEPTT. DISPUR
GUWAHATI-781006
ASSAM

2:THE SECRETARY
TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE (A) DEPTT. DISPUR
GUWAHATI-781006
ASSAM
3:THE DIRECTOR OF HEALTH SERVICES
HENGRABARI
GUWAHATI-781036
Page No.# 4/104

KAMRUP (M)
ASSAM
4:THE JOINT DIRECTOR OF HEALTH SERVICES
BARPETA
ASSAM
5:THE SCREENING COMMITTEE
REP. BY THE CHAIRMAN (ADDITIONAL DIRECTOR OF HEALTH SERVICES)
HANGRABARI
GUWAHATI-36

Linked Case : WP(C)/8423/2019

AJOY KUMAR SINGH
S/O- LATE MANBIR SINGH
R/O- EAST MILAN NAGAR (RATANPUR)
P.O- DIBRUGARH
P.S- DIBRUGARH

2: SRIMATI REETA BORGOHAIN
W/O- SRI JATIN SAIKIA
R/O- HAHCHARA KUJIBALI
VILL- SOLOGURI
P.O- HAHCHARA KUNIBALI
DIST- SIVASAGAR
ASSAM

3: RANJIT LAHON
S/O- SRI CHANIRAM LAHON
R/O- LEZAI GAON
P.O- LEZAI
DIST- TINSUKIA

4: SANJAY BALMIKI
S/O- LATE PYARELAL BALMIKI
R/O- SRIPURIA
700 NUMBER GATE
P.O- SRIPURIA
P.S- TINSUKIA
PIN- ASSAM
VERSUS

THE STATE OF ASSAM AND 4 ORS
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM
HEALTH AND FAMILY WELFARE (A) DEPTT
DISPUR
GUWAHATI- 781006
ASSAM
Page No.# 5/104

2:THE SECRETARY
TO THE GOVT OF ASSAM
HEALTH AND FAMILY WELFARE (A) DEPTT
DISPUR
GHY- 06
ASSAM
3:THE DIRECTOR OF HEALTH SERVICES
HENGRABARI
GUWAHATI- 781036
KAMRUP (M)
ASSAM
4:THE JOINT DIRECTOR
OF HEALTH SERVICES
TINSUKIA
ASSAM
5:THE SCREENING COMMITTEE
REP. BY THE CHAIRMAN (ADDL DIRECTOR OF HEALTH SERVICES)
HENGRABARI
GUWAHATI- 36

Linked Case : WP(C)/9377/2019

SRI APURBAJIT DAS
S/O LT. DINESH CHANDRA DAS
R/O VILL. BAMPARA
P.O. MAKRIKUCHI
P.S. TARABARI
PIN-781305
DIST. BARPETA

VERSUS

THE STATE OF ASSAM AND 4 ORS
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE (A)
DEPTT. DISPUR
GUWAHATI-781006
ASSAM

2:THE SECRETARY
TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE (A)
DEPTT. DISPUR
GUWAHATI-781006
ASSAM
3:THE DIRECTOR OF HEALTH SERVICES
HENGRABARI
Page No.# 6/104

GUWAHATI-781036
KAMRUP (M)
ASSAM
4:THE JOINT DIRECTOR OF HEALTH SERVICES
BARPETA
ASSAM
5:THE SCREENING COMMITTEE
REP. BY THE CHAIRMAN (ADDITIONAL DIRECTOR OF HEALTH SERVICES)
HENGRABARI
GUWAHATI-36

Linked Case : WP(C)/8220/2019

NARAYAN PRASAD RABHA AND 75 ORS.
YEARS S/O- LATE RAMCHANDRA PRASAD RABHA
VILL- MATIA
PO- MATIA
PIN- 783125
DIST- GOALPARA.

2: NAKULCH. DAS
S/O- LATE KHOKARAMDAS
VILL- BARBHITA

P.O.-BARBHITA
P.S.- KHARMUZA
DIST.- GOALPARA
PIN- 783101

3: JYOTI PRAKASH BARUAH
S/O- GIRISH CH. BARUAH
VILL- BORAH TOLAHAJO
P.O.-HAJO
PIN- 781102

4: KALYAN DAS
S/O- LATE PRANESWAR DAS
VILL- BANIAPARA
PO- GOALPARA
PIN- 783101
DIST- GOALPARA

5: DINANATH RAJBHAR
S/O- LATE SARJU PD. RAJBHAR
VILL- SHASTRINAGAR
PO- GOALPARA
PIN- 783121
DIST- GOALPARA
Page No.# 7/104

6: DIPAK RABI DAS
S/O- LATE SURESH RABI DAS
VILL- LAKHIPUR
PO- LAKHIPUR
PIN- 783129
DIST- GOALPARA

7: RASHIDUL ALOM
S/O- AKKASH ALI
VILL- KHUDRAFALADI
PIN- 781305
PO- BHOGDIA
DIST-BARPETA

8: RAHUL AMIN
S/O- MIACHAN ALI
VILL- KHUDRAFALADI
PO- BHOGDIA
PIN- 781305
DIST-BARPETA

9: JAMANUR RAHMAN
S/O- ABDUL LATIF
VILL- KUKARPAR
PO- KHONGRA
PIN- 781305
DIST-BARPETA

10: ABDUL NAZRUL
S/O- ABDUL KADDUS
VILL- KHUDRAFALADI
PO- BHOGDIA
PIN- 781305
DIST-BARPETA

11: UJJAL CHOUDHRUY
S/O- LATE KARUNACHOUDHURY
VILL- PURANI BAZAR
POAND PS - BILASIPARA
PIN- 783348
DIST-DHUBRI

12: JALAL KHAN
S/O- MILON KHAN
VILL- KHUDRAFALADI
PO- BYASKUCHI
PIN- 781307
Page No.# 8/104

DIST-BARPETA

13: ABDUL FARHAD
S/O- ABDUL KADDUS
VILL- KHUDRAFALADI
PO- BHOGDIA
PIN- 781305
DIST-BARPETA

14: PRADIP RABI DAS
S/O- KALPU RABI DAS
VILL- NOTUN BAZAR
PO- LAKHIPUR
PIN- 783129
DIST-GOALPARA

15: SAWPAN RABI DAS
S/O- JAGADISH RABI DAS
VILL- NEW MARKET
PO AND PS- LAKHIPUR
PIN- 783129
DIST-GOALPARA

16: NARAYAN RABI DAS
S/O- KASHIRAM RABI DAS
VILL- NEW MARKET
PO AND PS- LAKHIPURPIN- 783129
DIST-GOALPARA

17: MINA RABI DAS
S/O- LATE SUMER RABI DAS
VILL- SHASTRINAGAR
PO- GOALPARA
PIN- 783121
DIST-GOALPARA

18: DIPANKAR GHOSH
S/O- LT. PARESH CH. GHOSH
VILL- GOALTULI
PO- GOALPARA
PIN- 783101
DIST-GOALPARA

19: KANAK CH. GHOSH
S/O- LT. ANIL CH. GHOSH
VILL- GOALTULI
PO- GOALPARA
P.S- GOALPARA
Page No.# 9/104

PIN- 783101
DIST-GOALPARA

20: ETTEHAD ALAM
S/O- LT. AMIRULHUSSAIN
VILL- NAYAPARA
PO- GOALPARA
P.S- GOALPARA
PIN- 783101
DIST-GOALPARA

21: DEBAJIT BARMAN
S/O- ANIL CH. BARMAN
VILL-GOALTULI
PO- GOALPARA
P.S- GOALPARA
PIN- 783101 DIST-GOALPARA

22: SUBRATA SAHA
SUKUMAR SAHA
VILL-GOALTULI
PO- GOALPARA
P.S- GOALPARA
PIN- 783101DIST-GOALPARA

23: SURAJIT GHOSH
S/O- MONMOTH GHOSH
VILL-GOALTULI
PO- GOALPARA
P.S- GOALPARA
PIN- 783101
DIST-GOALPARA

24: TAPOSH ROY
S/O- LT. LANKESWAR ROY
VILL- KALITAPARA
PO- GOALPARA
P.S- GOALPARA
PIN- 783101DIST-GOALPARA

25: UJJAL KANTI SARKAR
S/O--CHITTARANJANSARKAR
VILL- NARSHINGBARI
PO- GOALPARA
P.S- GOALPARA
PIN- 783101DIST-GOALPARA

26: SIDDHARTHA SANKAR DAS
Page No.# 10/104

S/O- KRISHNA RANJAN DAS
VILL- 2 NO COLONY
PO- GOALPARA
P.S- GOALPARAPIN- 783101
DIST-GOALPARA

27: SANTOSH CH. SARKAR
S/O- LT. SUNIL CH. SARKAR
VILL- LENGTISINGA
PO- LENGTISINGA
PIN- 783101
DIST-BONGAIGAON

28: SUMON JYOTI NATH
S/O- PRADIP KR. NATH
VILL-SWARAJ ROAD
PO- GOALPARA
PIN- 783101
DIST- GOALPARA

29: ANOWAR HUSSAIN
S/O- LT. ABDUL HAKIM
VILL-AGGATHURI
PO- DADARA
P.S- HAJO
PIN- 781104
DIST-KAMRUP(R)

30: RIJU AHMED
S/O- ASADULLAH
VILL-BHATIPARA
PO- GOALPARA P.S- GOALPARA
PIN- 783101
DIST- GOALPARA

31: ALTAF UDDIN AHMED
S/O- DERAJUDDIN AHMED
VILL-NEW BAKUR PARA
PO- GOALPARA
P.S- GOALPARAPIN- 783101
DIST- GOALPARA

32: PINTU GHOSH
S/O- PRATAP GHOSH
VILL- GOALTULI
P.S- GOALPARA
PO- GOALPARA
DIST- GOALPARA PIN- 783101
Page No.# 11/104

33: ALIUL ISLAM SHAH
S/O- LT. KAMAL SHAH
VILL-KISMATPUR
PO- BALADMARI
P.S- GOALPARA
PIN- 783101
DIST- GOALPARA

34: DHIRAJ RABHA
S/O- LT. PHUKAN RABHA
VILL-BAPUJINAGAR
PO- BALADMARI
P.S- GOALPARA PIN- 783121
DIST- GOALPARA

35: KALI MOHAN DEKA
S/O- LT. HARI MOHAN DEKA
VILL-CHENGA
PO- CHENGA
P.S- TARABARI
PIN- 783101
DIST- GOALPARA

36: RAJEN CH. RAVA
S/O- LT. HAREN CH. RAVA
VILL-NARIKALA PO-BORIGAON
P.S-ABHAYAPURI
PIN- 783384
DIST- BONGAIGAON

37: NILIM PATOWARY
S/O- AKAN PATOWARY
VILL- DHARMAPUR
PO- ABHAYAPURI
P.S- ABHAYAPURI
PIN- 783384
DIST- BONGAIGAON

38: ASIM CHOUDHURY
S/O- GOBINDA CHOUDHURY
VILL- BARPETA
JAIL ROAD
PO- BARPETA
P.S- BARPETAPIN- 781301
DIST- BARPETA
Page No.# 12/104

39: DHANJIT DAS
S/O- LT. GOBARDHAN DAS
VILL- GANAKKUCHI
PO- BARPETA
P.S- BARPETA
PIN- 781301
DIST- BARPETA

40: NARAYAN SARMA
S/O- LT. TULSI RAM SARMA
VILL- BAMUNPARAPO- GOALPARA
P.S- GOALPARA
PIN- 783101
DIST- GOALPARA

41: DHRUBA JYOTI SARMA
S/O- RAJANIKANTASARMA
VILL- BAMUNPARA
PO- GOALPARA
P.S- GOALPARA
PIN- 783101
DIST- GOALPARA

42: TOFINUR AHMED
S/O- LT. SHAHDULLAH
VILL- BAMUNPARA PO- BHATIPARA
P.S- GOALPARAPIN- 783101
DIST- GOALPARA

43: HEMANGA BIKASH BORAH
S/O- GIRI KANTA BORAH
VILL- KALYANPUR
PO- MORIGAON
P.S- MORIGAON
PIN- 782105
DIST- MORIGAON

44: RAMEN DAS
S/O- LT. HARI DAS
VILL- BARSIBHANI
PO- BAGHMARA BAZAR
P.S- BARPETAPIN- 783101
DIST- BARPETA

45: RANJIT KUMAR DAS
S/O- LT. BHAIRAB CH. DAS
VILL- BAPUJINAGAR
PO- BALADMARI
Page No.# 13/104

P.S- GOALPARA
PIN- 783101
DIST- GOALPARA

46: ABDUL HAI
S/O- LT. MD. ABDUL KHALAK
VILL- KALJANIPARAPO- AMBARI BAZAR
P.S- GOALPARA
PIN- 783101
DIST- GOALPARA

47: GAUTAM GHOSH
S/O- LT. KAMINI KUMAR GHOSH
VILL- GOALTULI
PO- GOALPARA
P.S- GOALPARAPIN- 783101
DIST- GOALPARA

48: MRINAL KANTI DEY
S/O- LT. HITESH KUMAR DEY
VILL- ABHAYAPURI
PO- ABHAYAPURI
P.S- ABHYAPURI
PIN- 783384
DIST- BONGAIGAON

49: DHIRAJ CH. GHOSH
S/O- LT. ATUL CH. GHOSH
VILL- BELTOLA PO- BALADMARI
P.S- GOALPARAPIN- 783384
DIST- GOALPARA

50: HAFIZUR RAHMAN
S/O- SAYED ALI
VILL- SIMLABARI PO- GOALPARA
PIN- 783101DIST- GOALPARA

51: SAMIT GHOSH
S/O- NAGEN CH. GHOSH
VILL- GOALTULI PO- GOALPARA
P.S-GOALPARAPIN- 783101
DIST- GOALPARA

52: JOY PRAKASH RABI DAS
S/O- LT. SUMER RABI DAS
VILL- SHASTRINAGAR
PO-BALADMARI P.S-GOALPARA
Page No.# 14/104

PIN- 783121DIST- GOALPARA.

53: JEET DAS
S/O- KARTIK DAS
VILL- NARSHINGBARI
PO-GOALPARA
P.S-GOALPARA
PIN- 783121
DIST- GOALPARA

54: SANKAR RABI DAS
S/O- LT. SUMER RABI DAS
VILL- SHASTRINAGAR
PO-BALADMARI
P.S-GOALPARA
PIN- 783121
DIST- GOAL PARA

55: AMIT RAY
S/O- PULAKANANDA RAY
VILL- BAPUJINAGAR PO-BALADMARI
P.S-GOALPARAPIN- 783121
DIST- GOALPARA

56: ANIL CH. RAY
S/O- KHIROD MOHAN RAY
VILL- DALOK PO-AGIA
P.S-AGIA
PIN- 783120DIST- GOALPARA

57: INDRA MOHAN ROY
S/O- LT. HIRALAL ROY
VILL- BAPUJINAGAR PO-BALADMARI
P.S-GOALPARAPIN- 783121
DIST- GOALPARA

58: MEHNAZ AHMED
S/O- MOFIQUL HOQUE
VILL- BHATIPARA PO-GOALPARA
P.S-GOALPARAPIN- 783101
DIST- GOALPARA

59: DIPA DAS
W/O- KULO PRASAD DAS
VILL- KADAMTOLA PO-DOLGOMA
P.S-DOLGOMAPIN- 783125
DIST- GOALPARA
Page No.# 15/104

60: SADHANA DAS
S/O- BINDU DAS
VILL- BHALUKDUBI PO-BHALUKDUBI
P.S-GOALPARAPIN- 783121
DIST- GOALPARA

61: MAHADEV DAS
S/O- LATE HIRALAL ROY
VILL- BARBHITA

P.O.-BARBHITA
P.S.- KHARMUZA

DIST.-GOALPARA
PIN- 783101

62: SANKAR RAJ SARMA
S/O- SRI CHANDRA PRASAD SARMA
VILL- BAPUJINAGAR
PO-BHALUKDUBI
P.S-GOALPARA
PIN- 783121
DIST- GOALPARA

63: PABAN PATHAK
S/O- RATNESWAR PATHAK
VILL- NAGAON
COLLEGE ROAD
PO- NAGAON
P.S- NAGAONPIN- 781311
DIST- BARPETA

64: BIN BAHADUR PRADHAN
S/O- LALBAHADUR PRADHAN
VILL- BAPUJINAGAR
PO-BHALUKDUBI P.S-GOALPARA
PIN- 783121DIST- GOALPARA

65: SUBHANKAR DAS
S/O- LT. DIPAK CH. DAS
VILL- NEW BONGAIGAON
PO- NEW BONGAIGAON P.S- NEW BONGAIGAONPIN- 783381
DIST- BONGAIGAON

66: GOBINDA DAS
S/O- SUBAL DAS
VILL- BATGAON PO- CHENGA
P.S- TARABARIPIN- 783381
Page No.# 16/104

DIST- BARPETA.

67: UTPAL JYOTI KALITA
S/O- BASUDHAR KALITA
VILL- SUTERKUCHI
PO- PINGALESHWAR
DIST- KAMRUP

68: AZIZUL HOQUE
S/O- MAZER HOQUE
VILL- BHATIPARA PO- GOALPARA
P.S- GOALPARAPIN- 783101
DIST- GOALPARA

69: SANKAR DEY
S/O- RATAN DEY
VILL- J.N. ROADPO
PS ANDDIST- GOALPARA
PIN- 783101

70: SUBRATA GHOSH
S/O- LATE HARAKANTA GHOSH
VILL-GOALTULIPO
PS ANDDIST- GOALPARA
PIN- 783101

71: DIPANKAR GHOSH
S/O- LATE KALICHARAN GHOSH
VILL- DHUBRIGHOSHPARA
PO- BIDYAPARAPS- DHUBRI
PIN- 783324
DIST- DHUBRI

72: MRINAL KALITA
S/O- ROBIN KALITA
VILL- UPARTALA PO- UPARTALA
PIN- 783124DIST- GOALPARA

73: RABINDRA KR. SARMA
S/O- LATE CHAKRESWAR SARMA
VILL- NEW GOALPARA (BIHU FIELD)
PO- BALADMARIPIN- 783121
PS ANDDIST- GOALPARA

74: AHMED HUSSAIN
S/O- LATE NUR ISLAM
VILL- BHATIPARA PO- GOALPARA
Page No.# 17/104

P.S- GOALPARAPIN- 783101
DIST- GOALPARA

75: SHOBHAN KUMAR NATH
S/O- TIKAL CH. NATH
VILL-GAROBHATKHAWA PO- BHAGBWAN
PIN- 783129DIST- GOALPARA

76: JITU MANI SARMA
SON OF SRI RAMESH SARMA
RESIDENT OF VILLAGE--BAMPARA
GANAKPARA
P.O-- MUKRIKUCHI (CHENGA)
DISTRICT-- BARPETA

VERSUS

THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
ASSAM
HEALTH AND FAMILY WELFARE (A) DEPARTMENT
DISPUR
GUWAHATI- - 781006
ASSAM.

2:THE SECRETARY
TO THE GOVERNMENT OF ASSAM
HEALTH AND FAMILY WELFARE (A) DEPARTMENT
DISPUR
GUWAHATI- - 781006
ASSAM.
3:THE DIRECTOR OF HEALTH SERVICES
HENGRABARI
GUWAHATI- - 781036
KAMRUP (M) ASSAM.
4:THE JOINT DIRECTOR OF HEALTH SERVICES
GOALPARA
GUWAHATI- - 781036
KAMRUP (M) ASSAM.
5:THE SCREENING COMMITTEE
REPRESENTED BY THE CHAIRMAN (ADDITIONAL DIRECTOR OF HEALTH
SERVICES)
HANGRABARI
GUWAHATI- 36
Page No.# 18/104

Linked Case : WP(C)/8841/2019

PRANJAL LAHKAR AND 6 ORS.
S/O SRI SATISH CHANDRA LAHKAR
R/O BARBARI CHANDANGIRI PATH
HOUSE NO. 5
P.O. HENGRABARI
DIST. KAMRUP (M)

2: RANJIT TALUKDAR
S/O LT. UTSAV TALUKDAR
R/O JONAKI PATH
HOUSE NO. 7
GANESHGURI
DIST KAMRUP(M)

3: LAKHI KANTA GOGOI
S/O SRI HEMDHAR GOGOI
R/O GORCHUK
MAINA KHURUNG
P.O. GARCHUK
KAMRUP(M)

4: THANESHWAR DAS
S/O SRI PHATIK CHANDRA DAS
R/O UZANBAZAR
O/O THE JOINT DIRECTOR OF HEALTH SERVICES
KAMRUP(M)
PIN-781001
DIST. KAMRUP (M)

5: UMESH DAS
S/O SRI LAKSHAN DAS
R/O UZANBAZAR
O/O THE JOINT DIRECTOR OF HEALTH SERVICES
KAMRUP (M)
PIN-781001
DIST. KAMRUP(M)

6: NARAYAN PATOWARY
S/O SRI NARESH PATOWARY
R/O BARBARI
CHANDANGIRI PATH HOUSE NO. 5
P.O. HENGRABARI
DIST. KAMRUP (M)

7: BAPUJI PATHAK
Page No.# 19/104

S/O LT. GANESH CHANDRA PATHAK
R/O VILL. CHENGA
P.O. CHENGA
P.S. TARABARI
PIN-781035
DIST. BARPETA
VERSUS

THE STATE OF ASSAM AND 5 ORS.
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE (A) DEPTT. DISPUR
GUWAHATI-781006
ASSAM

2:THE SECRETARY
TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE (A) DEPTT. DISPUR
GUWAHATI-781006
ASSAM
3:THE DIRECTOR OF HEALTH SERVICES
HENGRABARI
GUWAHATI-781036
KAMRUP (M)
ASSSAM
4:THE JOINT DIRECTOR OF HEALTH SERVICES

KAMRUP(M)
ASSAM
5:THE ADDITIONAL DIRECTOR OF HEALTH SERVICES (R)
L.A. REGION
NARENGI
GUWAHATI-781071
6:THE SCREENING COMMITTEE
REP .BY THE CHAIRMAN (ADDITIONAL DIRECTOR OF HEALTH SERVICES)
HENGRABARI
GUWAHATI-36

Linked Case : WP(C)/2315/2020

PRADIP BORGOHAIN AND 91 ORS.
SON OF LATE UMA KANTA BORGOHAIN
RESIDENT OF NAMDANG GOHAIN GAON
P.O- KUMURAJAN
P.S- GAURISAGAR
DISTRICT SIVASAGAR
PIN - 785664.

2: TRIDIP BARUAH
Page No.# 20/104

SON OF SRI SUCHIL BARUAH
RESIDENT OF NAZIRA RAJAPOOL HANDIQUE GAON
P.O- RAJAPOL. P.S- NAZIRA
DISTRICT SIVASAGAR
PIN - 785685.

3: BISWA NARAYAN DUTTA
SON OF SRI RAMESWAR DUTTA
RESIDENT OF VILL AND P.O- JOYRAPAR
PS AND DISTRICT SIVASAGAR
PIN - 785697.

4: KESHA GOGOI
SON OF SRI GANGADHAR GOGOI
RESIDENT OF VILL- BANGMUKH HANDIQUE
P.O- JOYRAPAR
P.S AND DISTRICT SIVASAGAR
PIN - 785640.

5: PHANIDHAR GOGOI
SON OF SRI BUDHESWAR GOGOI
RESIDENT OF BANMUKH HANDIQUE GAON
P.O- JAYAPAR
P.S AND DISTRICT SIVASAGAR
PIN - 785640.

6: BIMAN BARUAH
SON OF ATUL BARUAH
RESIDENT OF RAJAPOOL HANDIQUE GAON
P.O RAJAPOOL
P.S- NAZIRA
DISTRICT SIVASAGAR
PIN - 785685

7: RUHINI BURAGOHAIN
SON OF NAGEN BURAGOHAIN
RESIDENT OF VILL- BOKATA KHAMUN GAON
P.O- KHAMUN
P.S- NEMUGURI
DISTRICT SIVASAGAR
PIN - 785697.

8: SUMANTA BARUAH
SON OF DAMODAR BARUAH
RESIDENT OF VILL- CHAWDANG GAON
P.S- CHEREKAPARA
P.O- KUJHIBALI
DISTRICT SIVASAGAR
Page No.# 21/104

PIN - 785701.

9: PRANAB BORGOHAIN
SON OF SRI RAMKANTA BORGOHAIN
RESIDENT OF VILL- MECHAGAR AMKOTIA DEMOW KINAR
P.O- AMKOTIA
P.S- NAZIRA
DISTRICT SIVASAGAR
PIN - 785640.

10: PRAKASH GOGOI
SON OF SRI PURNANANDA GOOGI
RESIDENT OF VILL- BETBARI
LUTHURI CHETIA
P.O- MITHA PUKHURI
P.S AND DISTRICT SIVASAGAR.

11: BINDO GOGOI
SON OF BHOGESWAR GOGOI
RESIDENT OF VILL- MOTIACHIGA KONWAR GAON
P.O- RAJMOU
P.S- NAZIRA
DISTRICT SIVASAGAR
PIN - 785685.

12: RUPAM GOGOI
SON OF RADHA GOGOI
RESIDENT OF VILLAGE LEZAI GAON
P.O- NOHAT
P.S - DEMOW
DISTRICT SIVASAGAR
PIN - 785662.

13: DHANIRAM CHETIA
SON OF PADU CHETIA
RESIDENT OF VILLAGE RAJAPOOL HANDIQUE GAON
P.O- RAJAPOOL
P.S - NAZIRA
DISTRICT SIVASAGAR
PIN - 785685.

14: PARTHA PRATIM PHUKAN
SON OF TIKHESWAR PHUKON
RESIDENT OF VILLAGE BHADHARA
P.O-KHELUA
P.S-SIVASAGAR
DISTRICT SIVASAGAR
PIN - 785701
Page No.# 22/104

15: PRANATI PHUKAN
DAUGHTER OFSRI BISHNU RAM PHUKAN
RESIDENT OF VILLAGE- RIRIA
P.O- DEMOWMUKH
P.S- SIVASAGAR
DISTRICT- SIVASAGAR
PIN - 785663.

16: INAJATDDIN AHMED
SON OF LT. NIZAMATUDDIN AHMED
RESIDENT OF VILLAGE RIRIA
P.O- DEMOW MUKH
P.S AND DIST -SIVASAGAR
PIN - 785663.

17: NABAJYOTI GOGOI
SON OF CHANDRA KANTA GOGOI
RESIDENT OF VILLAGE BOKATA KHAMUN GAON
P.S- NEMUGURI
DISTRICT- SIVASAGAR
PIN - 785697.

18: SUROP BORGOHAIN
SON OF SONDHAR BORGOHAIN
RESIDENT OF P.O- KAMURAJAN
P.S-JOYSAGAR
DISTRICT SIVASAGAR
PIN - 785664.

19: RUPAM DUTTA
SON OF DEBAJYOTI DUTTA
RESIDENT OF VILLAGE DICIAN GAON
P.O- DHULIAPAR
P.S-JOYSAGAR
DISTRICT SIVASAGR
PIN - 785640

20: MINTU SAIKIA
SON OF PRADIP SAIKIA
RESIDENT OF P.O- AMGURI
P.S-AMGURI
DISTRICT SIVASAGAR
PIN - 785680.

21: ANUP DUTTA
SON OF KAMAL DATTA
RESIDENT OF VILLAGE DEMOW
Page No.# 23/104

P.O- DEMOW
P.S-DEMOW
DISTRICT SIVASAGAR
PIN - 785662.

22: KICHYUT BARUAH
SON OF AMAL BARUAH
RESIDENT OF RESIDENT OF JOYSAGAR MEDICAL COLONY
P.S- JOYSAGAR
DISTRICT- SIVASAGAR
PINCODE- 785640.

23: EKANTA DUTTA
SON OF DEBA DUTTA
RESIDENT OF JOYSAGAR MEDICAL COLONY
P.S- JOYSAGAR
DISTRICT- SIVASAGAR
PINCODE- 785640.

24: RUKHESWAR GOGOI
SON OF MOHENDRA GOGOI
RESIDENT OF VILLAGE CHETIA KOIBARTTA
P.O- MITHAPUKHURI
DISTRICT SIVASAGR
PIN - 785697.

25: PABITRA GOGOI
SON OF DIMBESWAR GOGOI
RESIDENT OF VILLAGE METEKA KUSHUNAGAR
P.O- METEKA
P.S-SIVASAGAR
DISTRICT SIVASAGAR
PIN - 785640.

26: KANCHAN KUMER DEHINGIA
SON OF TUPIDHAR DEHINGIA RESIDENT OF VILLAGE CHERKAPAR
KHELUA GAON
P.O- CHEREKIPAR
IN THE DISTRICT OF SIVASAGAR
PIN- 785640.

27: MANAKH KONWAR
SON OF BHUBAN KONWAR RESIDENT OF VILLAGE MECHAGAR
BURAGOHAIN GAON
P.O- MECHAGARH
P.S.- NAZIRA
IN THE DISTRICT OF SIVASAGAR
PIN- 785685.
Page No.# 24/104

28: MONI BORA
DAUGHTER OF BROJEN BORA RESIDENT OF VILLAGE BOHUABARI
P.O- BAMRAJABARI
IN THE DISTRICT OF SIVASAGAR
PIN- 785671.

29: SHIMA GOGOI
SON OF LATE THUKESHWOR GOGOI RESIDENT OF VILLAGE DIBRUAL
P.O- BORBORUAH
IN THE DISTRICT OF SIVASAGAR
PIN- 785640.

30: SANTANU BORGOHAIN
SON OF LATE GUBIN CHANDRA BORGOHAIN RESIDENT OF
P.O- AMKATIA
P.S- NAZIRA
IN THE DISTRICT OF SIVASAGAR
PIN- 785605.

31: MRIDUSMITA SHARMA
WIFE OF JADOV CH SHARMA RESIDENT OF VILLAGE KALOO GAON
P.O- KALOO GAON
IN THE DISTRICT OF SIVASAGAR
PIN- 785666.

32: PURNIMA DUTTA
WIFE OF MUKUT DUTTA RESIDENT OF VILLAGE PAHI GAON
P.O- HOLOGURI
IN THE DISTRICT OF SIVASAGAR
PIN- 785664.

33: SULEKHA CHETIA
WIFE OF BISWANATH CHETIA RESIDENT OF P.O- SIVSAGAR
IN THE DISTRICT OF SIVASAGAR
PIN- 785640.

34: MOMI GOGOI
DAUGHTER OF LATE BUPARAM GOGOI RESIDENT OF VILLAGE
NIMAIJAAN GAON
P.O- BHADHARA
IN THE DISTRICT OF SIVASAGAR
PIN- 785640.

35: DAMBARU DEHINGIA
SON OF LATE GANESH DEHINGIA RESIDENT OF VILLAGE- NITAI PUKHURI
KONWAR GAON
P.O- NITAI PUKHURI
Page No.# 25/104

P.S- DEMOW
IN THE DISTRICT OF SIVASAGAR
PIN- 785671.

36: JUMI KONWAR GOGOI
WIFE OF MRIDUL KUMAR GOGOI RESIDENT OF VILLAGE- ROGHURIGURI
P.O-BHADHARA
P.S- SIVASAGAR
IN THE DISTRICT OF SIVASAGAR
PIN- 785640.

37: BHASKAR PHUKAN
SON OF LATE BHABESH PHUKAN
RESIDENT OF NAHARKOTIA MILAN NAGAR

P.O- NAHARKOTIA
PINCODE- 786610

38: GIRIN DEHINGIA
SON OF PUNESHOWAR DEHINGIA RESIDENT OF VILLAGE- DHYAN
DEHINGIA GAON
P.O- PALENGI
P.S- DEMOW
IN THE DISTRICT OF SIVASAGAR
PIN- 785671.

39: MEDINI MOHAN GOGOI
SON OF DURGESHWAR GOGOI RESIDENT OF SONARI TOWN
NAHARALI
WARD NO. 13
PO AND PS SONARI
IN THE DISTRICT OF SIVASAGAR
PIN- 785690.

40: SHANTU BURAGOHAIN
SON OF LATE NUMAL CHANDRA BURAGOHAIN RESIDENT OF VILLAGE-
SUNPURA GOHAIN GAON
P.O- PANIBIL
IN THE DISTRICT OF SIVASAGAR
PIN- 785685.

41: TRILOKYA DEKA
SON OF HALIRAM DEKA
RESIDENT OF JOYSAGAR MEDICAL COLONY
P.S- JOYSAGAR
DISTRICT- SIVASAGAR
PINCODE- 785640.
Page No.# 26/104

42: TOFIKUR RAHMAN
SON OF LATE SORIFUR RAHMAN RESIDENT OF VILLAGE- MOHAN GAON
P.O- MONMOHAN GAON
P.S- SONARI
IN THE DISTRICT OF SIVASAGAR
PIN- 785689.

43: LUHIT CHETIA
SON OF SRI MUNIN CHETIA RESIDENT OF VILLAGE- CHEREKAPAR
KHELUA
P.O-CHEREKAPAR
IN THE DISTRICT OF SIVASAGAR
PIN- 785640.

44: PALLAB CHETIA
SON OF SRI SARBESHWAR CHETIA
RESIDENT OF VILLAGE- BHATIAPAR
P.O- BHATIAPARA
DISTRICT- SIVASAGAR
PINCODE- 785667

45: PAPU GOGOI
SON SRI CHENIRAM GOGOI
RESIDENT OF VILLAGE- BHATIAPAR
P.O- BHATIAPAR
PINCODE- 785667
DISTRICT- SIVASAGAR.

46: MONJIT RABHA
SON OF LATE RUPESHWAR RABHA
RESIDENT OF VILLAGE- BORBHETA
CHEUNI GAON
P.O- BORBHETA
PINCODE- 785004
DISTRICT- SIVASAGAR.

47: PANKAJ BURAGOHAIN
SON OF SRI ATUL BURAGOHAIN RESIDENT OF VILLAGE- MEEHAGORH
AMKOTIA GAON
P.O- AMKOTIA
P.S- NAZIRA
IN THE DISTRICT OF SIVASAGAR
PIN- 785668.

48: MEGHALI GOGOI
DAUGHTER OF SRI PRABHAT CHANDRA GOGOI
RESIDENT OF VILLAGE- GELAKEY CHARIALI
Page No.# 27/104

P.O- GELAKEY
DISTRTICT- SIVASAGAR
PINCODE- 785696.

49: DIPANKAR CHIRING
SON OF SRI DIPAK CHIRING
RESIDENT OF BETBARI NO. 2 KONWAR
P.O- BETBARI
PINCODE- 785640
DISTRICT- SIVASAGAR.

50: JITEN PHUKAN
SON OF LATE NILA KANTA PHUKAN
RESIDENT OF VILLAGE- PANBECHA
P.O- BETTENA

DISTRICT- SIVASAGAR.

51: SRIMATI MINASHI MILL
WIFE OF SRI DARSHAN MILI
RESIDENT OF CHANIMORA
P.O- CHANIMORA
PINCODE- 785640
DISTRICT- SIVASAGAR.

52: INDESHWAR PANING
SON OF LATE ANANTA RAM PANING
RESIDENT OF VILLAGE- BORRPAK

P.O-MACHKHOWA PINCODE- 787058
DISTRICT- DHEMAJI.

53: BIPIN DOWARAH
SON OF LATE CHENERAM DOWARAH
RESIDENT OF PALINGI DHYAN GAON
P.O- PALINGI PINCODE- 785672
DISTRICT- SIVASAGAR.

54: MULU AHMED
SON OF LATE HABIJUDDIN AHMED
RESIDENT OF VILLAGE- DEMOW DEHAJAN TINI ALI
P.O- DEMOW
PINCODE- 785662
DISTRICT- SIVASAGAR.

55: RABDULLA ALI
SON OF AFSU ALI
RESIDENT OF VILLAGE- - 2 NO. BHATGAJ
Page No.# 28/104

P.O- DIHING THANA
PINCODE- 785640
DISTRICT- SIVASAGAR.

56: PAPU YADAV
SON OF SRI BABUL YADAV
RESIDENT OF VILLAGE- DEMOW
P.O- DEMOW
PINCODE- 785662
DISTRICT- SIVASAGAR.

57: SRIMATI CHAMPA BORA CHIRING
WIFE OF SRI PADUM CHIRING
RESIDENT OF BETNBARI NO. 2 KONWAR GAON
P.O- MITHAPUKHURI
PINCODE- 785640
DISTRICT- SIVASAGAR.

58: SRIMATI JUNMONI CHETIA CHANGMAI
WIFE OF SRI PROBHAT CHANGMAI
RESIDENT OF BETBARI BORPATRA GAON
P.O MITHAPUKHURI
PINCODE- 785640
DISTRICT- SIVASAGAR.

59: DINO DAS
SON OF LATE DOMAI DAS
RESIDENT OF VILLAGE- MORINAKINAR
P.O- SIVASAGAR
PINCODE- 785640
DISTRICT- SIVASAGAR.

60: SRIMATI NAYANMONI KHANIKAR
WIFE OF SRI RATUL HIRA BARUAH
RESIDENT OF VILLAGE- AMGURI
P.O- MORANHAT
P.O- MORANHAT
PINCODE- 785670
DISTRICT- SIVASAGAR.

61: SRIMATI MONJU BORPATRAGOHAIN
DAUGHTER OF SRI ROMEN CHANDRA PATAR
RESIDENT OF HASHCHARA RAILING CHUTIA GAON
P.O- HAHCHARA KUJIBALI
DISTRICT- SIVASAGAR.

62: SRIMNATI HEMASHREE BORO
WIFE OF SRI BUHWISAT BASUMATARY
Page No.# 29/104

RESIDENT OF DHUPGIRI
P.O- SASTRAPARA
PINCODE- 784510
DISTRICT- UDALGURI.

63: AHIDUR RAHMAN
SON OF SRI MOFIJUR RAHMAN
RESIDENT OF VILLAGE- SORAGURI
P.O- DIKHOWMUKH
PINCODE- 785664
DISTRICT- SIVASAGAR

64: SUMIT KUMAR BORAH
SON OF SRI TARA NATH BORAH
RESIDENT OF SONARI TOWN
WARD NO.11

NEAR ASTC BUS STAND
P.O- SONARI

PINCODE- 785690
DISTRICT- SIVASAGAR.

65: SRIMATI GIRIMONI CHETIA GOGOI
WIFE OF SRI TRAILUKYA GOGOI
RESIDENT OF RANGUR NAGAR
P.O- SIVASAGAR
P.S- SIVASAGAR
PINCODE- 785640

DISTRICT- SIVASAGAR.

66: NABAJOTY ROY
SON OF SRI CHANDRESHWAR ROY
RESIDENT OF MILAN NAGAR
P.O- C.R. BUILDING
PINCODE- 786003
DISTRICT- DIBRUGARH.

67: MRIDUL DUTTA
SON OF SRI DILIP DUTTA
RESIDENT OF VILLAGE- PALANGI DHYAN GAON

P.O- PALINGI
P.S- SIVASAGAR
PINCODE- 785672
DISTRICT- SIVASAGAR
Page No.# 30/104

68: NAJIBUR RAHMAN
SON OF SRI MUJIBOR RAHMAN
RESIDENT OF PALINGI DHYAN GAON
P.O- PALINGI PINCODE- 785672
DISTRICT- SIVASAGAR.

69: DIJEN HAZARIKA
SON OF- LATE BHUBAN HAZARIKA
RESIDENT OF VILLAGE- BHAT GAZ GAON

PINCODE- 785671
DISTRICT- SIVASAGAR
ASSAM.

70: UTTAM DEHINGIA
SON OF LATE GOKUL DEHINGIA
RESIDENT OF- DEMOW EKARANI GRAND

P.O AND P.S- DEMOW
PINCODE- 785662

DISTRICT- SIVASAGAR
ASSAM.

71: ARUP JYOTI DUTTA
SON OF SRI ANANDA DUTTA
RESIDENT OF VILLAGE- BANDARMARI GAON
PINCODE- 785662
DISTRICT- SIVASAGAR.

72: DIGANTA GOGOI
SON OF LATE NOBIN GOGOI
RESIDENT OF - DEMOW MILAN NAGAR

P.O AND P.O- DEMOW
PINCODE- 785662
DISTRICT- SIVASAGAR.

73: BIKASH GOGOI
SON OF SRI JIBESHWAR GOGOI
RESIDENT OF VILLAGE- NIMAIJAN

P.O- BHADHARA
PINCODE- 785640
DISTRICT- SIVASAGAR

74: SRIMATI MAMONI BHATTACHARYYA
WIFE OF SRI BIKASH BHATTACHARYYA
Page No.# 31/104

RESIDENT OF- NEW AMALAPATTY
P.O- SIVASAGAR
PINCODE- 785604
DISTRICT- SIVASAGAR

75: BABY PHUKAN
DAUGHTER OF LATE BHUDESHWAR PHUKAN
RESIDENT OF BETBARI DAW GAON

P.O- MITHAPUKHURI PINCODE- 785640

DISTRICT- SIVASAGAR.

76: SRIMATI PARBATI KUMARI SHARMA
W/O- SRI KHEM PRASAD SHARMA
RESIDENT OFF KASARJ LINE
AMGURI TOWN
P.O- AMGURI
PINCODE- 785680
DISTRICT- SIVASAGAR

77: KAMAL THAPA
S/O- LATE TIL BAHADUR THAPA
RESIDENT OF JOYSARAR
JUNAKI NAGAR

P.O- RUDRASAGAR PINCODE- 785640

DISTRICT- SIVASAGAR.

78: SRIMATI MONIKA PHUKAN
W/O- SRI RANJAN BORGOHAIN
RESIDENT OF VILLAGE- PHULPANICHIGA

P.O- PHULPANICHIGA PINCODE- 785683

DISTRICT- SIVASAGAR

79: SRIMATI AMBALIKA RAJKUMARI
W/O- SRI DULUMONI HANDIIQUE
RESIDENT OF AMGURU

P.O- MORANHAT PINCODE- 785670

DISTRICT- SIVASAGAR

80: SRIMATI BHARTI BEZARUAH
Page No.# 32/104

W/O- SRI BORMANDA BEZARUAH
RESIDENT OF NAZIRA TOWN

P.O- NAZIRA
DISTRICT- SIVASAGAR

81: MUNINDRA BORGOHAIN
SON OF SRI GOPAL BORGOHAIN
RESIDENT OF MECHAGAR
DIMOWKINER
P.O- AMKATIA
DISTRICT- SIVASAGAR

82: SRIMATI DIPAMOI CHUTIA
W/O- SRI NRIPENDRA NARAYAN CHUTIA
RESIDENT OF MECHAGAR
DIMOWKINER
P.O- AMKATIA
PINCODE- 785697 DISTRICT- SIVASAGAR

83: RAMIZ ALI
S/O- HUSSAIN ALI
RESIDENT OF VILL- DA-DHARA

P.O- PALENGI
P.S- DEMOW

DIST. SIVASAGAR
ASSAM.
PIN- 785640.

84: BANU RAHMAN
C/O- ABDUL GAFFAR
REDIDENT OF VILL- MEZENGA

DIST. SIVASAGAR
ASSAM
PIN- 785640

85: RAJESH DUTTA
C/O- SUNIL DUTTA
RESIDENT OF VILL- HABIRAM BORA PATH

DIST- SIVASAGAR
ASSAM
PIN- 785640

86: DHANESWARI BASFOR
Page No.# 33/104

C/O- BOLOW BASFOR

RESIDENT OF VILL- SIMALUGURI

DIST- SIVASAGAR
ASSAM

87: RAGLU RAMU
C/O- RAGLU KANAYA
RESIDENT OF VILL- DA- DHARA

P.O- PALENGI
P.S.- DEMOW
DIST. SIVASAGAR
ASSAM
PIN- 785640

88: ROFIKUL ROHMAN
C/O- ROYAL ROHMAN
RESIDENT OF VILL- THOWRA BAMUN BARI

P.O- RAJMAI
P.S- DEMOW

DIST. SIVASAGAR
ASSAM.
PIN- 785672.

89: ROBIUL ISLAM
C/O- NAZRU ISLAM

RESIDENT OF VILL- THANAMUKH

DIST. SIVASAGAR
ASSAM
PIN- 785640

90: MUSLIMA BEGUM
C/O- ROYAL ROHMAN
RESIDENT OF VILL- THOWRA BAMUN BARI

P.O- RAJMAI
P.S.- DEMOW

DIST. SIVASAGAR
ASSAM
PIN- 785672.
Page No.# 34/104

91: KUSHAL KUMAR DAS
S/O- SRI HARENDRA NATH DAS
RESIDENT OF VILL RONGPUR
P.O.DHULIPARA
PIN- 785640
DIST. SIVASAGAR
ASSAM

92: MINTU BAYAN
SON OF PADMA BAYAN RESIDENT OF AMLAPATTY
P.O- SIVSAGAR
WARD NO. 9
IN THE DISTRICT OF SIVASAGAR
PIN- 785640
VERSUS

THE STATE OF ASSAM AND 4 ORS.
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASAM
HEALTH AND FAMILY WELFARE (A) DEPTT. DISPUR
GUWAHATI-781006
ASSAM

2:THE SECRETARY
TO THE GOVERNMENT OF ASSAM
HEALTH AND FAMILY WELFARE (A) DEPARTMENT
DISPUR
GUWAHATI - 781006
ASSAM.
3:THE DIRECTOR
HEALTH SERVICES
HENGRABARI
GUWAHATI - 781036
KAMRUP (M) ASSAM.
4:THE JOINT DIRECTOR
HEALTH SERVICES
SIVASAGAR
GUWAHATI - 781036
KAMRUP (M) ASSAM.
5:THE SCREENING COMMITTEE
REPRESENTED BY THE CHAIRMAN (ADDITIONAL DIRECTOR OF HEALTH
SERVICES)
HANGRABARI
GUWAHATI- 36

Linked Case : WP(C)/8999/2019

BISWAJIT HANDIQUE AND 32 ORS.
S/O- SRI HARI CHANDRA HANDIQUE
Page No.# 35/104

R/O- VILL AND P.S- PANIGAON
LAKHIMPUR
PIN- 787052

2: RUPJYOTI GOSWAMI
S/O- SRI UTTAN GOSWAMI
R/O- VILL KACHUGAON
P.O- DHAKUAKHANA
DIST- NORTH LAKHIMPUR
PIN- 787001

3: GAKUL DUTTA
S/O- SRI GAJEN DUTTA
R/O- VILL
P.O AND P.S- DHALPUR
LAKHIMPUR
PIN- 784165

4: NABA BORUAH
S/O- PADMAKANTA BORUAH
R/O- VILL- RAJABARI
P.O- DHALPUR
P.S- BIHPURIA
LAKHIMPUR
PIN- 784165

5: RIKU LAHON
S/O- SRI SUREN LAHON
R/O- VILL- LAHONGAON
P.O- BAHADUR CHUK
DIST- LAKHIMPUR
PIN- 787001

6: TANKESWAR DUTTA
S/O- MR. DHARMESWAR DURRA
R/O- VILL- NAKARI WARD NO.2
P.O AND P.S- NORTH LAKHIMPUR
LAKHIMPUR
PIN- 787001

7: SYED ZIYAUR RAHMAN
S/O- LATE SAHIDUR RAHMAN
R/O- VILL- SENSUA
P.O- ANGAKHUA
PIN- 787031
DIST- LAKHIMPUR

8: DIBYA GOGOI
Page No.# 36/104

S/O- LATE PADMA GOGOI
R/O- VILL- TOWN BANTOW (GHILAGURI)
WARD NO. 14
P.O KHELMATI
LAKHIMPUR
PIN- 787031

9: TAPAN KR BORAH
S/O- MR. KANAK CH BORAH
R/O- VILL AND P.O- BATGHARIA
DIST- DHEMAJI
PIN- 787057

10: SANJIB SARMAH
S/O- SRI ANUJ SARMAH
R/O- VILL AMULAPATTI
P.O- DHAKUAKHANA
LAKHIMPUR
PIN- 707055

11: PRASHANTA PHUKAN
S/O- SRI RISHWAR PHUKAN
R/O- VILL- DAKUWA
P.O- DHALPUR
PIN- 784165
DIST- LAKHIMPUR

12: RAJEN KOCH
S/O- SRI NARANATH KONCH
R/O- VILL- THAKERAGURI NO.1
P.O GOBINDAPUR
P.S- DHAKUAKHANA
DIST- LAKHIMPUR
PIN- 787005

13: JADU MONI DUTTA
S/O- LATE MOHENDRA DUTTA
R/O- VILL- NO.1
THAKERAGURI
P.O- GOBINDAPUR
DIST- LAKHIMPUR
PIN- 787055

14: JADAV BORA
S/O- LATE BEPAI BORA
R/O- VILL AND P.O- DHUNABARI
DIST- LAKHIMPUR
PIN- 787045
Page No.# 37/104

15: GOBINDA BANIA
S/O- SRI KAMAL BANIA
R/O- VILL- BHITORDALANI
P.O- DHOLPUR
P.S- BIHPURIA
LAKHIMPUR
PIN- 784165

16: HABIBUDDIN AHMED
S/O- MR. AHMED ALI
R/O- VILL CD ROAD
P.O- NORTH LAKHIMPUR
PIN- 787001

17: SIRAJUL ISLAM
S/O- MAJIBUR RAHMAN
R/O- VILL NO.2 DEJOO PATHER
P.O- DEJOO TEA ESTATE
P.O- NORTH LAKHIMPUR
PIN- 787031

18: BHADRA PHUKAN
S/O- SRI SUREN PHUKAN
R/O- VILL- AND P.O- CHAMARAJAN
DHEMAJI
PIN- 787056

19: MONTU KONCH
S/O- LATE ANANDA KOCH
R/O- VILL KATHPAR
P.O- BONMUKH
SIBSAGAR
PIN- 785640

20: DHRUBA SAIKIA
S/O- SRI DULESHWAR SAIKIA
R/O- VILL- SONARI CHAPARI
KEKURI MADHUPUR
PIN- 707055
DIST- LAKHIMPUR

21: PRAFULLA DAS
S/O- MOHENDRA NATH DAS
R/O- VILL ATHAKOTHIA
LAKHIMPUR
PIN- 787031
Page No.# 38/104

22: SANJIV BORUAH
S/O- SRI DEORAM BARUAH
R/O- VILL- DAKUWA
P.O- DHALPUR
PIN- 784165
DIST- LAKHIMPUR

23: MONTU BORUAH
S/O- LOHIT BORUAH
R/O- DHALPUR
P.O- DHALPUR
PIN- 784165
DIST- LAKHIMPUR

24: NIRUP BHUYAN
S/O- GAHIN BHUUYAN
R/O- VILL CHOWKHAMTING GAON
P.O- SISSI BOR GAON
DHEMAJI
PIN- 786110

25: PRABIN GOGOI
S/O- SRI PUWARAM GOGOI
R/O- VILL DHALPUR
LAKHIMPUR
PIN- 784165

26: PRABIN GOGOI
S/O- LATE KAMALESHWAR GOGOI
R/O- NATUN DHADAR
P.O- SIMALUGURI
PIN- 784165
DIST- LAKHIMPUR

27: RASHMI REKHA GOGOI
W/O- SRI BHABESH GOGOI
R/O- VILL- DHAKUAKHANA BALIGAON
LAKHIMPUR
PIN- 787055

28: MUKUL BORGOHAIN
S/O- TULSI BORGOHAIN
R/O- VILL- GOHAINGAON
P.O- DIGHALI HILOIDARI
DIST- LAKHIMPUR
PIN- 787055
ASSAM
Page No.# 39/104

29: JADAB GOGOI
S/O- GOLAB GOGOI
R/O- VILL- KHARKHARI
P.O- BAHADU CHUK
LAKHIMPUR
PIN- 787001

30: SILPI DEVI
W/O- SRI GANESH CHAKRAVARTY
R/O- VILL CHOWKHAM
P.O- SABOTI
LAKHIMPUR
PIN- 787051

31: BHUPEN HAZARIKA
S/O- SRI ANTIRAM HAZARIKA
R/O- VILL- CHAIBARI
P.O- BAKOLA
P.S- JAMURIGHAT
PIN- 784182
DIST- SONITPUR

32: BIPUL SAIKIA
S/O- BIREN SAIKIA
R/O- VILL- CHUTIYAKARI
P.O- MOIDAIMA
LAKHIMPUR
PIN- 787001

33: RUPAKJYOTI KONWAR
S/O- PUNYWAR KONWARH
R/O- P.O AND P.S- N LAKHIMPUR
VILL- MAHARA GOHAIN GAON
PIN- 787001
DIST- LAKHIMPUR
ASSAM
VERSUS

THE STATE OF ASSAM AND 4 ORS
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM
HEALTH AND FAMILY WELFARE (A) DEPTT
DISPUR
GHY- 06
ASSAM

2:THE SECRETARY
TO THE GOVT OF ASSAM
HEALTH AND FAMILY WELFARE (A) DEPTT
Page No.# 40/104

DISPUR
GUWAHATI- 781006
ASSAM
3:THE DIRECTOR OF HEALTH SERVICES
HENGRABARI
GUWAHATI- 781036
KAMRUP (M)
ASSAM
4:THE JOINT DIRECTOR OF HEALTH SERVICES
NORTH LAKHIMPUR
ASSAM
5:THE SCREENING COMMITTEE
REP. BY THE CHAIRMAN (ADDL DIRECTOR OF HEALTH SERVICES)
HENGRABARI
GUWAHATI- 36

Linked Case : WP(C)/9388/2019

SRI NABAJIT PATHAK
S/O SRI GOPAL PATHAK
R/O VILL. PASUTIA
WARD NO. 3
P.O. AND P.S. MORIGAON
PIN-782105
DIST. MORIGAON

VERSUS

THE STATE OF ASSAM AND 5 ORS
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE (A)
DEPTT. DISPUR
GUWAHATI-781006
ASSAM

2:THE SECRETARY
TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE (A)
DEPTT. DISPUR
GUWAHATI-781006
ASSAM
3:THE DIRECTOR OF HEALTH SERVICES
HENGRABARI
GUWAHATI-781036
KAMRUP (M)
ASSAM
4:THE JOINT DIRECTOR OF HEALTH SERVICES
Page No.# 41/104

MORIGAON
ASSAM
5:THE SCREENING COMMITTEE
REP. BY THE CHAIRMAN (ADDITIONAL DIRECTOR OF HEALTH SERVICES)
HENGRABARI
GUWAHATI-36
6:THE DEPUTY COMMISSIONER
MORIGAON
ASSAM

Linked Case : WP(C)/8422/2019

PANKAJ KALITA AND 4 ORS.
S/O- JAYKANTA KALITA
R/O- VILL- GOHAIN GAON
P.O- KAMARBANDHA ALI
GOLAGHAT
PIN- 785625

2: PUSHPANJALI GOGOI
D/O- SRI PRADIP GOGOI
R/O- P.S- DERGAON
GOLAGHAT
PIN- 785621

3: DULAL HAZARIKA
S/O- NANDESHWAR HAZARIKA
R/O- P.O AND P.S- DERGAON
GOLAGHAT
PIN- 785621

4: TULIKA HAZARIKA
W/O- SRI AMAL DUTTA
R/O- P.O AND P.S- GOLAGHAT
PIN- 785621
ASSAM

5: NEKIBUR ROHMAN
S/O- LATE MUZIBUR RAAHMAN
R/O- VILL- DEHAJAN
P.O AND P.S- DEMOW
SIVASAGAR
PIN- 785662
VERSUS

THE STATE OF ASSAM AND 4 ORS
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM
HEALTH AND FAMILY WELFARE (A) DEPTT
Page No.# 42/104

DISPUR
GUWAHATI- 781006
ASSAM

2:THE SECRETARY
TO THE GOVT OF ASSAM
HEALTH AND FAMILY WELFARE (A) DEPTT
DISPUR
GHY- 06
ASSAM
3:THE DIRECTOR OF HEALTH SERVICES
HENGRABARI
GUWAHATI- 781036
KAMRUP (M)
ASSAM
4:THE JOINT DIRECTOR
OF HEALTH SERVICES
GOLAGHAT
ASSAM
5:THE SCREENING COMMITTEE
REP. BY THE CHAIRMAN (ADDL DIRECTOR OF HEALTH SERVICES)
HENGRABARI
GUWAHATI- 36

Linked Case : WP(C)/1931/2020

JAYANTA HAZARIKA AND 45 ORS.
S/O. LT. BISHNU HAZARIKA
R/O. CHIRANG CHAPORI
P.O. DIBRUGARH
DIST. DIBRUGARH-786001.

2: BAISISHTHA KALITA
S/O. LT. DHARANI DHAR KALITA
R/O. VILL. AND P.O. LAWPARA
DIST. NALBARI-781126.

3: DEBOJIT DUTTA
S/O. SRI KHAGEN DUTTA
R/O. BOKUL MAJGAON
P.O. LAHOL
DIBRUGARH-786004.

4: GOJEN SAIKIA
S/O. LT. BIRAN SAIKIA
R/O. KONWARI GAON
P.O. KONWARIGAON
DIBRUGARH-786615.
Page No.# 43/104

5: JYOTIMONI BARUAH
W/O. BAPUTI BARUAH
R/O. MANCOTTAK ACHARIBARI
P.O. MANCOTTA
DIBRUGARH-786003.

6: LOPU SONOWAL
S/O. BINU SONOWAL
R/O. NO.1 CHARAIBAHI GAON
P.O. KOLOWLAWA
P.S. KHOWANG
DIBRUGARH-785676.

7: MANAB JYOTI BAGLARI
S/O. SRI SUNANDA BAGLARI
R/O. ROWMARI KACHARI GAON
P.O. BEHEATING
DIBRUGARH-786004.

8: MILON DEKA
S/O. SRI BHABEN DEKA
R/O. GRAHAM BAZAR
P.O. GRAHAMBAZAR
DIBRUGARH-786001.

9: MRIDUL BARUAH

S/O. LT. ANARAM BARUAH
R/O. JAJALI HABI GAON
P.O. BANAMALI
P.S. KAKATIBARI
SIVASAGAR-785689.

10: MUJIBUR RAHMAN
S/O. APSER RAHMAN
VILL. 2 NO. BHARGAJ
P.O. DEHING TIHAN
P.S. DEMOW
SIVASAGAR-786571.

11: RAJESWAR DEKA
S/O. SRI BHABEN DEKA
R/O. GRAHAM BAZAR
BERRY WHITE COLONY
DIBRUGARH-786001.

12: RAJIB DEKA
Page No.# 44/104

S/O. SRI GIBINDA DEKA
R/O. GRAHAM BAZAR ROAD NEAR RED CROSS
DIBRUGARH
P.O. GRAHAMBAZAR
DIST. DIBRUGARH
786001.

13: RABIB GOGOI
S/O. LT. JAYKANTA GOGOI
R/O. JAMIRAH KAPOW GAON
P.O. DHAMALGAON
DIBRUGARH
PIN-786004.

14: RAKESH RANJAN BARUAH

S/O. LT. BASANTA KR. BARUAH
R/O. SRIPURIA TINIALI
P.O. TINSUKIA
DIST. TINSUKIA-786145.

15: SRIMATI REKHAMONI BAGREE

D/O. LT. ROBIN BAGREE
R/O. MANCOTTA TEPOR GAON
P.O. MANCOTTA
DISBRUGARH-786003.

16: SEEMA BARUAH KHOUND
C/O. PUSPA BARUAH
R/O. DIBRUJAN
P.O. JALAN NAGAR
DIBRUGARH-786005.

17: TAPAN DEKA
S/O. SRI BANESWAR DEKA
R/O. PARBATIA ROAD
TINSUKIA
P.S. AND DIST. TINSUKIA-786125.

18: TRALUKYA BORUAH
S/O. SRI BISWAJIT BORUAH
R/O. MAGARAHAT CHANGMAI GAON
P.O. MAGARAHAT
SIVASAGAR-785666.

19: TRAILUKYA GOGOI
S/O. LT. BIREN GOGOI
Page No.# 45/104

R/O. 2 NO. GHURANIA GAON
P.O. TINGKHONG
DIBRUGARH-786612.

20: TRALYA BORAH
S/O. SRI DAYANANDA BORAH
R/O. BHATI NAMDANG VILL.
P.O. CHAHARIKATA
DIBRUGARH-785676.

21: TRALOKYA SONOWAL

S/O. LT. GAJEN SONOWAL
R/O. MANCOTTA TEPOR GAON
P.O. MANCOTTA
DIBRUAGARH-786003.

22: CHANDAN CHETRY
S/O. SRI SHYAM CHETRY
R/O. CHOWKIDINGEE
UDAYPUR P.O.- C.R. BUILDING
DIBRUGARH
786003.

23: ANUP GOGOI

S/O. LT. ARUN GOGOI
R/O. BARPATHAR KONWARGAON
P.O. BEHEATING TINIALI
DIBRUGARH-786004.

24: SRIMATI BANDANA RAO
W/O. SRI ROBIN RAO
R/O. KHALIHAMARI
RED CROSS ROAD
DIBRUGARH-786001.

25: BIJOY CH. DAS
S/O. SRI NAREN CH. DAS
R/O. GRAHAM BAZAR
P.O. GRAHAM BAZAR
DIBRUGARH-786001.

26: DHARMANANDA BORUAH
S/O. LT. TRILOCHAN BORUAH
R/O. INO SILPUTA VILL.
P.O. SILPUTA
DIBRUGARH-785676.
Page No.# 46/104

27: DIGANTA GOGOI
C/O. ARUN CH. GOGOI
R/O. BORPATHER KONWAR GAON
P.O. BEHEATING TINIALI
DIBRUGARH.

28: KALYAN GOGOI
S/O. ARUN CH. GOGOI
R/O. BORPATHER KONWAR GAON
P.O. BEHEATING TINIALI
DIBRUGARH.

29: TUTU SONOWAL
S/O. LT. PRAFULLA SONOWAL
R/O. ROWMARI KACHARI GAON
P.O. BEHEATING TINIALI
DIBRUGARH.

30: NITU GOGOI
S/O. BHADRA KANTA GOGOI
R/O. BORPATHER KONWAR GAON
P.O. BEHEATING TINIALI
DIBRUGARH.

31: NABA JYOTI GOGOI
S/O. SRI KUMUD CH. GOGOI
R/O. NATUN TAKELA GAON
P.O. MOHANAGHAT
DIBRUGARH.

32: ACHINTA GOGOI
S/O. LT. PADUM GOGOI
R/O. BORPATHER KONWAR GAON
P.O. BEHEATING TINIALI
DIBRUGARH.

33: ABHIJIT DAS

S/O. SRI ARABINDA DAS
R/O. MANCOTTA TOMTOMTULLA
HATIMURA
P.O. MANCOTTA
DIBRUGARH.

34: SRIMATI NANDA SONOWAL
W/O. SRI BIJOY GOGOI
R/O. BORPATHER KONWAR GAON
Page No.# 47/104

P.O. BEHEATING TINIALI
DIBRUGARH.

35: LOMBIT KONWAR
S/O. SRI NUMAL KONWAR
R/O. JAMIRAH GOHAIN GAON
P.O. BEHEATING
DIBRUGARH.

36: MANUJ BARUAH
S/O. SRI LALIT BARUAH
R/O. LAPETKATA KACHARI GAON
P.O. BARBARUAH
DIBRUGARH.

37: SRIMATI TIRUMONI KALITA BORA
W/O. SRI KULA BORA
R/O. BERRY WHITE COLONY
P.O. AND DIST. DIBRUGARH.

38: GULAP HAZARIKA

S/O. LT. JITRAM HAZARIKA
R/O. MESLOW GAON
P.O. MESLOW
DIBRUGARH.

39: DULEN SONOWAL
S/O. LT. MEGHA SONOWAL
R/O. LEPATKATTA KACHARI GAON
P.O. BARBARUAH
DIBRUGARH.

40: HARI NARAYAN SAIKIA
S/O. SRI BOKUL SAIKIA
R/O. KHOWANG ATHASARI GAON
P.O. KHOWANG GHAT
DIBRUGARH.

41: SRIMATI OMSHREE KALITA
D/O. SRI NALIN KALITA
R/O. LATHA GAON
P.O. DERGAON
GOLAGHAT.

42: ASHIM RAJKHUWA
S/O. SRI TARUN RAJKHUWA
R/O. DIMOGURI GAON
Page No.# 48/104

P.O. LAIPULI
TINSUKIA.

43: DILIP GOGOI
S/O. SRI DIMBESWAR GOGOI
R/O. KADAM BAGAN GAON
P.O. KADAM
LAKHIMPUR.

44: DIPJYOTI GOGOI
S/O. SRI RUHINI GOGOI
R/O. NIZ MANCOTTA BOIRAGIMOTH
P.O. BOIRAGIMOTH
DIBRUGARH.

45: MOHAN SONOWAL

S/O. SRI MONESWAR SONOWAL
R/O. JOKAI KALIONI GAON
KHAMTI GHAT
DIBRUGARH.

46: HITENDRA BHARALI
S/O. SRI ROMESH CH. BHARALI
R/O. CHABUWA D WARD
P.O. CHABUR
DIBRUGARH.
VERSUS

THE STATE OF ASSAM AND 4 ORS.
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
HEALTH ANF FAMILY WELFARE (A) DEPTT.
DISPUR
GUWAHATI-781006
ASSAM.

2:THE SECRETARY TO THE GOVT. OF ASSAM

HEALTH AND FAMILY WELFARE (A) DEPTT.
DISPUR
GUWAHATI-781006
ASSAM.
3:THE DIRECTOR OF HEALTH SERVICES

HENGRABARI
GUWAHATI-781036
KAMRUP (M)
ASSAM.
Page No.# 49/104

4:THE JOINT DIRECTOR OF HEALTH SERVICES

DIBRUGARH
GUWAHATI-781036
ASSAM.
5:THE SCREENING COMMITTEE

REP. BY THE CHAIRMAN (ADDL. DIRECTOR OF HEALTH SERVICES)
HANGRABARI
GUWAHATI-36.

Linked Case : WP(C)/8845/2019

ABDUL RABIYAL AND 3 ORS.
S/O SRI ABDUL KUDDUS
R/O VILL. JHARGAON (BPHC
JHARGAON)
P.O. JHARGAON
PIN-782411
DIST. MORIGAON

2: RANJITA DEKA
S/O LT. PRATAP DEKA
R/O VILL. MIXIRBHETA
P.S. MIXIRBHETA
DIST. MORIGAON

3: HARENDRA NATH DAS
S/O SRI SURESH CHANDRA DAS
R/O VILL. NELLIE
P.O. AND P.S. NELLIE
PIN-782413
DIST. MORIGAON

4: SABIR AHMED
S/O TAYAB UDDIN AHMED
R/O VILL. LAHIRIGHAT
P.O. LAHIRIGHAT
PIN-7821227
DIST. MORIGAON
VERSUS

THE STATE OF ASSAM AND 4 ORS.
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE (A) DEPTT. DISPUR
GUWAHATI-781006
ASSAM
Page No.# 50/104

2:THE SECRETARY
TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE (A) DEPTT. DISPUR
GUWAHATI-781006
ASSAM
3:THE DIRECTOR OF HEALTH SERVICRS
HENGRABARI
GUWAHATI-781036
KAMRUP (M)
ASSAM
4:THE JOINT DIRECTOR OF HEALTH SERVICES
MORIGAON
ASSAM
5:THE SCREENING COMMITTEE
REP .BY THE CHAIRMAN (ADDITIONAL DIRECTOR OF HEALTH SERVICES)
HENGRABARI
GUWAHATI-36

Linked Case : WP(C)/9198/2019

OM BAHADUR CHETRY AND ANR.
S/O- LT. HUKUM BAHADUR CHETRI
R/O- OLD CIVIL HOSPITAL CAMPUS
NEAR DISTRICT LIBRARY BACK SIDE
G.N.B. ROAD
DIST.- TINSUKIA
PINCODE- 786125.

2: PRASANTA SAIKIA
S/O SRI AMAL SAIKIA
R/O- BHARDARA GAON
P.O. PANITOLA
DIST.- DIBRUGARH
PINCODE- 786183.
VERSUS

THE STATE OF ASSAM AND 4 ORS.
REP. BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM
HEALTH AND F.W. (A) DEPTT.
DISPUR
GHY.- 06.

2:THE SECY. TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE (A) DEPTT
. DISPUR
GHY.-06.
3:THE DIRECTOR OF HEALTH SERVICES
HENGRABARI
Page No.# 51/104

GHY.- 36
KAMRUP(M)
ASSAM.
4:THE JT. DIRECTOR OF HEALTH SERVICES
TINSUKIA
ASSAM.
5:THE SCREENING COMMITTEE
REP. BY THE CHAIRMAN (ADDL. DIRECTOR OF HEALTH SERVICES )
HENGRABARI
GHY.- 36.

Advocate for the Petitioners : Mr. U. K. Nair, Sr. Advocate
Mr. R. Singh, Advocate

Advocate for the respondents: Mr. B. Gogoi, SC, Health

BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
Date of Hearing : 06.06.2023

Date of Judgment : 29.09.2023

JUDGMENT AND ORDER (CAV)

In all the thirteen writ petitions before this Court, the petitioners herein who were
appointed as the Grade-IV employees by the Joint Director of Health Services/Directors of
Health Services, Assam were removed by the respective removal orders which have been put
to challenge before this Court.

2. Taking into account the reasons assigned by the State respondents in their stand being
parimeteria, the thirteen writ petitions are taken up for disposal by the instant common
judgment and order. Before adjudicating as regards the legality and validity of the order of
removal of the petitioners in the instant batch of writ petitions, this Court finds it relevant to
take note of the respective facts in each of the writ petition on the basis of which the
petitioners challenged their removal by the respondent authorities. For the sake of brevity
and to avoid prolixity, this Court would not be repeating the overlapping facts.
Page No.# 52/104

WP(C) No.1931/2020

3. In the instant writ petition, forty six writ petitioners have assailed their respective
removal orders. The date of the impugned removal orders is 24.02.2020 and the contents of
said removal orders are similar.

4. The petitioners in the instant writ petition claim that there was an advertisement dated
04.12.2004 issued by the Joint Director of Health Services, Dibrugarh for filling up of few
vacant posts of Grade-IV under the establishment of Joint Director of Health Services,
Dibrugarh and the Office of the Malaria Officer Dibrugarh. In the said advertisement, the
eligibility criteria was mentioned that the candidates must have passed Class VIII examination
and the minimum age was 18 years and the maximum age limit not more than 36 years. It
was also mentioned that there would be relaxation for SC/SC candidates. It was also
mentioned that the applications must reach the Office of the Joint Director of Health Services,
Dibrugarh on or before 20.12.2004.

5. It further transpires from the said advertisement enclosed to the writ petition that the
copy of the said advertisement was sent to the Editor of the Assamese Daily newspaper
"Asom Spandan", Dibrugarh for information and publication of the said advertisement in the
next issue at "Asom Spandan" as well as also to the Office Notice Board. It is however not
known whether such advertisement was at all published in the newspaper in question. The
petitioners herein applied pursuant to the said advertisement and were issued respective
appointment orders during the month of February, 2005 and March, 2005.

6. From a perusal of the said appointment orders enclosed as Annexure-2 (Colly) to the
writ petition, it is seen that the petitioners were appointed as Grade-IV employees subject to
discharge without notice and without assigning any reason on purely temporary basis against
vacant sanctioned posts under the establishment of the Joint Director of Health Services,
Dibrugarh with pay scale and other allowances.

7. The petitioners thereupon joined their services and received their regular salaries.
On 27.04.2018, an advertisement containing an Order was published from the Office of
Page No.# 53/104

the Directorate of Health Services, Assam. In the said Order, it was mentioned that a
Screening Committee was constituted by the Director of Health Services, Assam in
pursuance to the Government letter No.HLA1007/2016/184 dated 27.03.2017 and the
Joint Director of Health Services of the Districts were requested to appear before the
Screening Committee along with Grade-IV employees, with all relevant documents in
original w.e.f. 12.06.2017 to 19.06.2017, in the Office of the Director of Health
Services, Assam, Guwahati. Upon verification of the documents, they were found to be
not genuine and some of the employees remained absent. It was also mentioned in the
said Order that the Director of Health Services, Assam again directed the respective
Joint Director of Health Services of the Districts to issue Show Cause notice on behalf
of the Director of Health Services, Assam who were found not genuine and absent and
directed to appear before the Screening Committee from 12.03.2018 to 17.03.2018,
with all relevant records/documents for final compilation of the records. It was
mentioned in the said Order that as per the direction of the Government, the interest of
public service and for natural justice, one last and final opportunity was given to those
who remained absent as well as also those whose documents were found not genuine to
report to the Office of the Director of Health Services, Assam w.e.f. 30.04.2018 to
20.05.2018 from 11 AM to 4 PM to prove their genuineness, failing which necessary
steps shall be initiated as per the Rule and after the expiry of the said period, they shall
be treated as non-genuine. It is under such circumstances, the said order was published
in the newspaper on 27.04.2018.

8. As the instant writ petition pertains to the Dibrugarh District, it is seen that the
names of 68 persons were mentioned in the said advertisement. It further reveals from
the records that the Petitioners herein approached this Court by filing a writ petition
being WP(C) No.3051/2018, apprehending that they would be terminated as per the
notice dated 27.04.2018 which was published in the newspaper. When the said writ
petition was taken up by this Court on 18.05.2018, the learned Additional Advocate
Page No.# 54/104

General appearing on behalf of the State submitted that vide notice dated 27.04.2018,
another opportunity was given to everyone to furnish additional documents, if so
required. The learned Additional Advocate General, Assam submitted during the course
of the hearing in the said writ proceedings that when the screening process gets
completed, individual decision for each employees will be taken with due intimation to
the affected employees and only thereafter, if anyone is found to be in non-genuine
category, appropriate order would be issued. This Court disposed of the said writ
petition directing the petitioners to avail the opportunity to prove the bonafide of their
appointments so that the authority can reach to an appropriate conclusion on their
service status. It was further observed that if anyone is found to be non-genuine
amongst the persons, the Authority shall indicate the precise deficiency and afford
opportunity to the affected employees before any adverse action is taken.

9. Thereupon, it is further seen from the records that individual Show Cause Notices
were issued to the Petitioners and replies were also filed by the Petitioners. The record
further shows that a communication dated 06.06.2019 was issued by the Director of
Health Services, Assam addressed to the Joint Director of Health Services, Assam
informing about the list containing the names of Grade-IV staff whose appointment
have been found to be not genuine by the Scrutiny Committee and directing the Joint
Directors to issue individual Show Cause Notices and consequently Show Cause
Notices were issued to individual petitioners. Under such circumstances, 11 writ
petitions were filed before this Court. All these writ petitions were disposed of vide an
order dated 31.07.2019 on the basis of an affidavit filed by the Director of Health
Services, Assam wherein it was stated that a decision has been taken by the Health
Department to withdraw the impugned Show Cause notices and to issue fresh Show
Cause notices mentioning the specific deficiency found against each illegal fake
employee including the Petitioners so that each Show Cause employee gets an
opportunity to know his/her deficiency and to respond effectively. In the said affidavit
Page No.# 55/104

filed by the Director of Health Services, Assam, it was also mentioned that directions
have been issued on 05.07.2019 to the Joint Director of the Health Services of the
concerned Districts who issued the impugned Show Cause notices to withdraw those
Show Cause notices and to issue fresh one indicating specific deficiency. It is on the
basis of the said stand taken by the Health Department, the 11 writ petitions were
disposed of vide an order dated 31.07.2019. Subsequent thereto, the Joint Director of
Health Services, Dibrugarh again issued Show Cause notices on 17.08.2019 stating
inter alia as to why the services of Petitioners should not be terminated basing on the
reports of the Scrutiny Committee. The Petitioners were required to prove the
genuineness of their appointment failing which necessary orders for termination from
services would be issued. The Petitioners thereupon submitted replies drawing the
attention of the Joint Director of Health Service to the orders passed by this Court
whereby there was a direction to state the deficiency in the appointments of the
petitioners. It was also mentioned that the Petitioners be supplied with the Screening
Committee's report so that an effective reply could be submitted.

10. The Joint Director of Health Services, Dibrugarh thereupon issued removal orders
on 07.11.2019 informing the Petitioners that they have been removed from service by
the Director of Health Services, Hengerabari. The orders of removal dated 07.11.2019
was put to challenge by the Petitioners in WP(C) No.8271/2019 and this Court vide an
order dated 26.11.2019 had set aside the orders of removal dated 07.11.2019 on the
ground that the Show Cause notices were issued to the Petitioners without intimating
the precise deficiency found against them by the concerned Scrutiny Committee and
the orders for removal were not inconformity with the earlier orders of this Court dated
25.05.2019 passed in WP(C) No.3350/2018 as well as the order dated 31.07.2019
passed in WP(C) No.4167/2019. This Court further gave the liberty to the Health and
Family Welfare Department as well as the Director of Health Services to take
appropriate steps against the Petitioners after issuing necessary Show Cause notices to
Page No.# 56/104

the Petitioners intimating the deficiencies found by the Scrutiny Committee against
them.

11. It is further seen from the records that pursuant to the order dated 26.11.2019
passed in WP(C) No.8271/2019, the Petitioners approached the Joint Director of
Health Services, Dibrugarh on 04.02.2019 praying before him to allow them to join
their duties. However, the said Petitioners were debarred from joining. Under such
circumstances, the Petitioners filed the representations before the Director of Health
Services on 05.12.2019 however the Respondent Authorities did not allow the
Petitioners to join their duties for which another writ petition was filed by the
Petitioners being WP(C) No.9167/2019. The said writ petition was disposed of vide an
order dated 21.01.2020 by this Court with a direction to the Joint Director of Health
Services, Dibrugarh to allow the Petitioners to join their services from 22.01.2020
itself. Further to that, this Court vide the said order directed the Health and Family
Welfare Department to issue Show Cause notices to the Petitioners in terms with the
earlier orders passed by this Court and the Petitioners were directed to file reply to such
Show Cause notices within the time limit which is specified by the Respondents.

12. The records further show that the Petitioners thereupon were issued Show Cause
notices indicating the various deficiencies in their appointments and asking the
Petitioners to submit their replies within 3 (three) days from the date of issuance of the
said Show Cause Notice. The Petitioners thereupon submitted replies. Vide similar
orders dated 24.02.2020, all the Petitioners herein were removed from their services.
Being aggrieved, the Petitioners have therefore assailed the respective orders of
removal dated 24.02.2020 by way of the instant writ petition.

WP(C) No.8220/2019

13. 76 petitioners have joined together in filing the instant writ petition challenging their
Page No.# 57/104

respective removal orders all dated 26.10.2019. The claim of the petitioners herein is that an
advertisement was issued in the Daily Newspaper "Asomiya Khobor" on 03.01.2005 by the
Joint Director of Health Services, Goalpara. In the said advertisement, it was mentioned that
applications were invited in Standard Form for 70 posts of Grade-IV under the establishment
of Joint Director of Health Services, Goalpara in the pay scale of Rs.2450-3670 per month
plus other allowances as admissible under the Rules. The eligibility criteria set out in the
advertisement was that the applicants must have read up to Class VIII and the minimum age
was 18 years and the maximum age 36 years as on 01.01.2005. The upper age limit was
relaxable for 5 years for SC/ST(P)/ST(H).

14. It is the case of the petitioners in the instant writ petition that on the basis of the said
advertisement, the petitioners applied and were issued respective appointment orders during
the period from October, 2005. The petitioners upon being issued the appointment orders,
joined their services, and continued to render their services and received their due salaries.

15. At this stage, this Court finds it relevant to take note of that the contents of the
appointment orders which were similar in content stipulated that, subject to discharge
without notice and without assigning any reason, the petitioner were appointed temporarily
as Grade-IV employees against sanctioned vacant posts with a pay scale and other
allowances as admissible as per rules. The petitioners herein after their appointments
continued to render their services and they received salaries. Subsequent thereto, the facts of
the instant case are similar to the facts of WP(C) No.1931/2020 as narrated in paragraph
Nos.7 to 13 hereinabove save and except the difference in the respective dates and the
proceedings initiated by the petitioners. Be that as it may, all the petitioners in the instant
writ petition were terminated on the basis of respective termination letters dated 26.10.2019,
the contents being similar. Before proceeding to the next case, this Court finds it relevant to
take note of a pertinent aspect. In the advertisement dated 03.01.2005, the total posts
advertised was 70, the Notice published in the newspaper of the non-genuine appointments
were 83 and the number of present petitioners are 76.
Page No.# 58/104

WP(C) No.2315/2020

16. 92 petitioners have joined together to file the instant writ petition assailing their
respective removal orders dated 25.02.2020 issued by the Joint Director of Health Services,
Sivasagar. The petitioners in the instant writ petition claim that they participated in a selection
process and they were selected against the various advertised posts in Grade-IV. Nothing
however have been mentioned as to when such selection proceedings was initiated and when
they were appointed initially.

17. It is the case of the petitioners that they were issued appointment letters during the
year 2004-05 by the Joint Director of Health Services, Sivasagar. The said appointment orders
are also not part of the records. This Court finds it relevant to mention that though the
petitioners stated that they were appointed pursuant to some selection process but some of
the documents enclosed to the writ petition show that some of the petitioners were initially
appointed on contractual basis by the Joint Director of Health Services, Sivasagar and their
services were extended from time to time. The documents also show that the Joint Director
of Health Services, Sivasagar had also regularized the services of the petitioners some time in
the year 2011. It is relevant to note that the materials on record do not disclose on what
basis the services of the petitioners were regularized in the year 2011, in as much as, it is a
well settled principle of law that regularization is not a source of recruitment, but it is upon
the scheme approved and adopted by the Government to regularize the services of those
persons who were irregularly appointed. Be that as it may, the said petitioners continued to
render their services and were receiving their salaries without any problems till the
development which took place, the details which have been mentioned in paragraph Nos.7 to
13 hereinabove. For the sake of brevity, the same are not reiterated again. It is however
relevant to mention that the petitioners herein were terminated on the basis of their
respective orders of removal dated 25.02.2020 issued by the Joint Director of Health Services,
Sivasagar.

WP(C) No.5013/2020

18. The case of the petitioner herein is that her father-in-law vide a Registered Deed of Gift
Page No.# 59/104

bearing No.2056 dated 27.11.1981, gifted the land wherein Porbatia Sub-Centre was
constructed. On the basis of the said donation so made by the father-in-law of the petitioner,
the petitioner was given an appointment on 09.12.2004. It is relevant to take note of that
pursuant to the appointment of the petitioner on 09.12.2004, an enquiry was also initiated by
the Deputy Commissioner, Sivasagar to ascertain whether in view of the land donated, the
petitioner was given the appointment on 09.12.2004. The Deputy Commissioner, Sivasagar
vide the communication dated 08.09.2010 had confirmed that the father-in-law of the
petitioner had in fact donated the plot of land for construction of Porbatia Sub-Centre.
Subsequent thereto, the Deputy Commissioner, Sivasagar again vide the letter dated
04.11.2011 had requested the Joint Director of Health Services, Sivasagar to take a suitable
decision with regard to the appointment of the petitioner. The Deputy Secretary to the
Government of Assam, Health and Family Welfare (A) Department vide the letter dated
09.11.2013 had also directed the Director of Heath Services of Assam that the petitioner was
seeking employment in lieu of the land so donated by her father-in-law for construction of the
Porbatia Sub-Centre and for which their family had not sought for any compensation. In the
said letter, the prayer of the petitioner along with the relevant papers to the Deputy
Commissioner, Sivasagar was forwarded by the Deputy Secretary to the Government of
Assam, Health and Family Welfare Department. Thereafter, the Director of Health Services,
Assam vide the letter dated 13.09.2013 had forwarded all the relevant documents of the
petitioner to the Deputy Commissioner, Sivasagar so as to enable him to take necessary
action as per Rules as desired by the Government. Since then, it is the case of the petitioner,
the File pertaining to the petitioner had been pending before the Deputy Commissioner,
Sivasagar for final consideration. Without the said consideration being made, the petitioner
herein was removed vide the order dated 25.02.2020 which has been assailed in the instant
proceedings.

WP(C) No.9388/2019

19. The petitioner herein has assailed the order of removal dated 25.10.2019. It is the case
of the petitioner that the petitioner was appointed on contractual basis by the Joint Director
of Health Services, Morigaon vide letter bearing No.2013-14/4658 dated 30.06.2013 and was
Page No.# 60/104

directed to join the Office of N.H.R.M. Unit, Morigaon under the Joint Director of Health
Services, Morigaon as a contractual Grade-IV staff. Subsequent thereto, the Joint Director of
Health Services, Morigaon intimated the Director of Health Services, Assam to regularize the
services of the petitioner after the approval of the District health Society under the
Chairmanship of the Deputy Commissioner vide the communication dated 18.07.2013. The
petitioner, thereupon was regularized vide the order dated 26.07.2013 by the Director of
Health Services, Assam. Subsequent thereto, the Joint Director of Health Services, Morigaon
had issued a show cause notice to the petitioner along with five others dated 11.06.2019
stating inter-alia that from the letter dated 14.05.2019 received from the Director of Health
Services, the services of the petitioner have been found to be fake by the Screening
Committee, Director of Health Services, Assam, and as such, the petitioner was directed to
show cause why the services of the petitioner should not be terminated. The said show cause
notice was withdrawn in view of the stand taken by the Director of Health Services in WP(C)
No.3046/2018. Subsequent thereto, on 18.08.2019, the Director of Health Services, Assam,
Hengrabari issued communications to all the Joint Directors of Health Services to issue show
cause notice to fake Grade-IV employees citing specific deficiencies mentioned against the
names individually in the remark column. To the said communications, list of fake Grade-IV
employees were enclosed. In so far as the petitioner is concerned, in the remark column it
was mentioned that neither the relevant documents are available in the Office of the Director
of Health Services nor there was any SIU approval. Thereupon, the petitioner along with five
others were issued fresh show cause notices on 09.08.2019 thereby directing the petitioner
herein to produce (1) the SIU approval letter from the Government and (2) the approval letter
from DHS, Assam regarding appointment. The petitioner, thereupon, submitted a reply.
Subsequent thereto, the Director of Health Services, Assam vide a communication dated
17.10.2019 informed the Joint Director of Health Services, Morigaon stating inter-alia that 6
numbers of Grade-IV/Sweeper employees including the petitioner were detected to be fake
by the Screening Committee, Director of Health Services, Assam and further they could not
establish the genuineness of their appointment for which they were required to be removed
from the services with immediate effect and the Joint Director of Health Services, Morigaon
was directed to issue the removal order individually and to submit compliance report.
Pursuant thereto, the impugned order dated 25.10.2019 was issued thereby removing the
Page No.# 61/104

petitioner from Government service.

WP(C) No.9377/2019

20. The petitioner herein has challenged the removal order dated 04.10.2019. It is the case
of the petitioner that he was appointed in the cadre of Grade-IV vide order dated 07.04.2008
by the Director of Health Services, Assam and his service was placed at the disposal of the
Joint Director of Health Services, North Lakhimpur. The appointment order dated 07.04.2008
which is Annexure-1 to the writ petition was issued by the Director of Health Services, Assam.
In the said order, there is a mention about the order of the Government approval vide letter
No.HLA971/2002/89 dated 17.12.2005. It was also mentioned that the petitioner would be
governed by the New Pension Rules. The approval of the Finance (SIU) Department vide
letter No.U/ONoFSI.253/05 dated 28.11.2005 was also mentioned. After the appointment of
the petitioner, the Director of Health Services, Assam vide an order dated 14.06.2013 placed
the petitioner's services under the disposal of the Joint Director of Health Services, Barpeta
against the vacant post of Grade-IV by transferring the petitioner.

21. It further reveals from the records that the petitioner issued a show cause notice on
16.08.2019 wherein the deficiency in the appointment of the petitioner stated therein was
that the original appointment letter was not found. It is not known from the records as to
whether the petitioner furnished the original appointment letter or assigned any reason for
his not able to furnish the original appointment letter issued to him. But from the reply to the
said show cause notice dated 16.08.2019 transpires that the petitioner has only raised issues
as regards non-furnishing of the minutes of the Screening Committee Meeting for which the
petitioner submitted that he be furnished the minutes of the Screening Committee Meeting
and thereupon shall submit a reply. Thereupon, vide an order dated 04.10.2019, the
petitioner was removed from service on the ground that the Screening Committee had
detected that his appoint was fake and the petitioner could not establish the genuineness of
his appointment.

WP(C) No.9198/2019

22. Both the petitioners in the instant writ petition have assailed their respective removal
Page No.# 62/104

orders dated 18.11.2019. The petitioner No.1 had claimed that he was appointed on
10.02.2005 by the Joint Director of Health Services, Dibrugarh and he was transferred to
Sivasagar vide an order dated 25.06.2010 and finally he was transferred to Tinsukia vide an
order dated 22.12.2010. It is relevant to mention that the transfer order of the petitioner
No.1 was issued by the then Director of Health Services, Assam.

23. The petitioner No.2 claims that he was appointed on 02.01.2010 by the Joint Director of
Health Services, Baksa. Thereupon, the petitioner No.2 was transferred from Baksa to
Tinsukia vide an order dated 15.12.2012.

24. Both the petitioners were issued show cause notices on 16.08.2019 by the Joint
Director of Health Services, Tinsukia. In the said show cause notice, the petitioners were
directed to prove the genuineness of their appointments by submitting the approval by the
Director of Health Services, Assam as well as the approval of the Finance (SIU) Department.
Both the petitioners submitted their respective replies wherein there was no mention as
regards the query so made in the show cause notice. It is, however, relevant to take note of
that in both replies which were parimateria in content, the claim of both the petitioners is that
they were appointed in the Health Department under the Joint Director of Health Services
against the sanctioned vacant posts and have been drawing salary against the said posts. It
is, therefore, the case of the petitioners in their reply that the petitioners having joined their
services as well as their continuance in the said posts would demonstrate that the same have
been approved by all concerned in the past. Thereupon, the Joint Director of Health Services,
Tinsukia issued the respective impugned removal orders dated 18.11.2019 by removing the
petitioners from the services with immediate effect.

WP(C) No.8999/2019

25. The petitioners herein have assailed their respective orders of removal dated
05.11.2019. The case of the petitioners herein are that the petitioner Nos.1 to 17 were
appointed against vacant posts in Grade-IV under the Joint Director of Health Services, North
Lakhimpur. The appointment letters which have been enclosed as Annexure-I (Colly), show
that those appointment letters were issued after obtaining some approval of the Government,
Page No.# 63/104

the reference to which have been made in the letters of appointment. The petitioner No.18
was initially appointed by the Joint Director of Health Services, Nagaon on 24.04.2008, and
thereafter, he was transferred to the establishment of Joint Director of Health Services, North
Lakhimpur vide order dated 04.03.2014. The petitioner Nos.19, 20 & 21 were appointed on
various dates by the Joint Director of Health Services, Baksa and thereafter they were
transferred to North Lakhimpur on the basis of some orders. The petitioner No.22 was
appointed vide an order dated 26.08.2005 by the Joint Director of Health Services, Tinsukia
and thereafter vide an order dated 05.08.2012, the said petitioner was transferred to the
establishment of Joint Director of Health Services, North Lakhimpur. The petitioner No.23 was
appointed vide the order dated 13.03.2008 by the Joint Director of Health Services, Karbi
Anglong and thereafter he was transferred to the establishment of the Joint Director of
Health Services, North Lakhimpur vide the order dated 01.06.2013. The petitioner No.24 was
appointed vide the order dated 09.02.2005 by the Joint Director of Health Services, Dibrugarh
and thereupon he was transferred to North Lakhimpur vide the order dated 21.11.2011. The
petitioner No.25 was appointed vide the order dated 15.03.2008 by the Joint Director of
Health Services, Cachar and thereupon he was transferred to the establishment of Joint
Director of Health Services, North Lakhimpur vide the order dated 24.09.2013. The petitioner
Nos.26, 27, 28 & 29 were appointed on various dates by the Joint Director of Health Services,
Sivasagar and thereupon they were transferred to the establishment of the Joint Director of
Health Services, North Lakhimpur. The petitioner Nos.30 & 31 were appointed on various
dates by the Joint Director of Health Services, Goalpara and thereupon they were transferred
to the establishment of Joint Director of Health Services, North Lakhimpur. The petitioner
No.32 was appointed vide the order dated 21.04.2008 by the Joint Director of Health
Services, Jorhat and he was thereafter transferred to the establishment of Joint Director of
Health Services, North Lakhimpur. The petitioner No.33 was appointed vide order dated
13.03.2008 by the Joint Director of Health Services, Karbi Anglong and thereupon he was
transferred to the establishment of the Joint Director of Health Services, Lakhimpur, North
Lakhimpur.

26. Each of the petitioners were issued similar show cause notices on 30.08.2019 thereby
directing them to prove their genuineness to their appointments on the reason stated in their
Page No.# 64/104

respective show cause notices. Each of the petitioners thereupon submitted their respective
replies which are also parimateri in content thereby asking for a copy of the Screening
Committee report. It was also stated that each of the petitioners were appointed in the
Health Department in the cadre of Grade-IV against sanctioned posts and have been drawing
their salary against the said posts since their date of appointment. It was further mentioned
that their joining in the services as well as their continuance in the said posts go to
demonstrate that the same had the approval of all concerned in as much as the posts were
duly sanctioned posts. Further to that, it was mentioned that there was no objection
whatsoever raised with respect to their services and drawing of salary, and hence in view of
the same, the appointments made in their favour cannot be said to be ingenuine and/or
doubtful.

27. Pursuant to the submission of the said show cause replies, the Director of Health
Services vide a communication dated 31.10.2019 issued to the Joint Director of Health
Services, Lakhimpur informed that 53 numbers of Grade-IV employees under his jurisdiction
were detected to be fake by the Scrutiny Committee of the Director of Health Services and
further they could not establish the genuineness of their appointments and hence they are
required to be removed from their services with immediate effect. The Joint Director of
Health Services, Lakhimpur was directed to issue the removal orders individually and to
submit the compliance report. Thereupon, the respective removal orders have been issued to
each of the petitioners for which the instant writ petition has been filed.

WP(C) No.8845/2019

28. Four writ petitioners have joined together to file the instant writ petition thereby
assailing their respective orders of removal dated 25.10.2019.

29. It is the case of the petitioners herein that the petitioner No.1 was appointed on
14.06.2006 by the Joint Director of Health Services, Goalpara and thereupon he was
transferred to Morigaon vide order dated 14.08.2012. The petitioner No.2 was appointed as a
casual employee in the year 2009 by the Joint Director of Health Services, Morigaon.
Thereupon his services was regularized vide order dated 06.04.2013. From the materials on
Page No.# 65/104

record, nothing could be seen as to when the petitioner No.3 was appointed and by whom.
However, from the order issued by the Director of Health Services, it transpires that on
10.04.2013, the services of the petitioner No.3 who was working as a Grade-IV employee
under the control of the Joint Director of Health Services, Morigaon was regularized from the
date of the said letter. As regards the petitioner No.4, it is also not known as to when he was
appointed. But from the Annexure-4 to the writ petition, it transpires that the petitioner No.4
was transferred from the Office of the Joint Director of Health Services, Lakhimpur to the
Officer of the Joint Director of Health Services, Morigaon by an order of the Director of Health
Services, Assam dated 20.07.2013.

30. It reveals from the records that each of the petitioners were issued show cause notice
on 09.08.2019 asking them to prove the genuineness of their appointments and to submit the
necessary documents from the date of the notice. It is not known as to whether the
petitioners have submitted replies to the said show cause notices issued to them. Be that as it
may, all the petitioners herein were removed from the Government services vide separate
orders dated 25.10.2019.

WP(C) No.8841/2019

31. Seven petitioners have joined together and have filed the instant writ petition
challenging their respective orders for removal from their service. It transpires from the writ
petition that it is the case of the petitioners that pursuant to a valid selection process, the
petitioners were selected against various advertised posts in Grade-IV. However, neither
particulars as regards such selection process was mentioned nor any materials produced.

32. Be that as it may, the petitioner No.1 was appointed on 05.12.2005 by the Joint
Director of Health Services, Goalpara and hereupon he was transferred to Kamrup (metro)
vide order dated 11.01.2013. The petitioner No.2 was appointed on 05.12.2005 by the Joint
Director of Health Services, Goalpara and thereafter he was transferred to Kamrup (Metro)
vide order dated 26.05.2015. The petitioner No.3 was appointed on 03.04.2008 by the Joint
Director of Health Services, Goalpara and he was transferred to Kamrup (Metro) vide order
dated 22.11.2013. The petitioner No.4 was appointed on 31.03.2012 by the Joint Director of
Page No.# 66/104

Health Services, Baksa and thereupon he was transferred to Kamrup (metro) vide order dated
23.04.2013. The petitioner No.5 was appointed on 05.02.2005 by the Joint Director of Health
Services, Dibrugarh and thereafter he was transferred to Goalpara vide order dated
11.11.2011, and thereupon, to Kamrup (Metro) vide order dated 04.05.2013. The petitioner
No.6 was appointed on 05.12.2005 by the Joint Director of Health Services, Jorhat and
thereupon he was transferred to Kamrup (Metro) vide order dated 17.05.2013. The petitioner
No.7 was appointed on 23.10.2009 by the Joint Director of Health Services, Goalpara and
thereupon he was transferred to the Office of the Additional Director of Health Services (R)
LA Region, Assam, Guwahati vide the order dated 23.11.2010.

33. It further transpires from the records that the petitioners herein were issued respective
show cause notices to prove the genuineness of their appointments and to submit the various
documents as stated in their notices. The petitioners also submitted their respective replies
stating inter-alia that they were appointed in the Health Department by the Joint Director of
Health Services against sanctioned vacant posts and have been drawing salary against the
said posts. The joining in the services, the continuance in the said posts as well as the salary
being paid would clearly shows that the petitioners were genuinely appointed. It further
reveals that thereupon the petitioners were removed from services by the impugned removal
orders dated 31.10.2019 and 19.11.2019.

WP(C) No.8668/2019

34. Ten writ petitioners have joined together and filed the instant writ petition assailing
their respective removal orders dated 04.10.2019.

35. The petitioners herein claimed that pursuant to a valid selection process, the petitioners
were selected against various advertised posts in Grade-IV. However, neither particulars as
regards such selection process was mentioned nor materials were produced. The petitioner
Nos.1, 2, 3 & 4 claimed that they were appointed by the Joint Director of Health Services,
Baksa and on 02.02.2008, 25.01.2008, 04.02.2008 and 04.02.2008 respectively and they
were subsequently transferred to the establishment of the Joint Director of Health Services,
Barpeta. The petitioner Nos.5, 6 & 7 were appointed by the Joint Director of Health Services,
Page No.# 67/104

Dibrugarh on 02.02.2005, 08.02.2005 and 08.02.2005 respectively and thereupon transferred
to the establishment of the Joint Director of Health Services, Barpeta. The petitioner No.8 and
the petitioner No.9 were appointed by the Joint Director of Health Services, Sivasagar on
07.04.2008 and 14.02.2005 respectively and thereupon they were transferred to the
establishment of Joint Director of Health Services, Barpeta. The petitioner No.10 was
appointed by the Joint Director of Health Services, Nalbari on 24.01.2006 and thereupon was
transferred to the establishment of the Joint Director of Health Services, Barpeta on
12.07.2013.

36. It reveals from the records that the petitioners pursuant to their appointments and
transfer continued to render their services and were receiving their salaries. Each of the
petitioners were issued separate show cause notices thereby asking them to prove the
genuineness of their appointments. The petitioners submitted their respective replies whereby
they sought for a copy of the members of the Screening Committee report and also stated
that they were appointed in the Health Department under the Joint Director of Health
Services against sanctioned vacant posts and have been drawing salary against the said
posts. The joining to the services, the continuance thereof as well as the salary being paid
would clearly demonstrate that the appointments of the petitioners had the approval of all
concerned. Thereupon, the petitioners have been issued the removal orders, all dated
04.10.2019 and it is for this reason, the petitioners have approached this Court.

WP(C) No.8423/2019

37. Four writ petitioners have joined together and have filed the instant writ petition
assailing their respective orders of removal dated 21.10.2019. The claim of the petitioners
herein is that pursuant to a valid selection process, the petitioners were duly selected against
the advertised posts in Grade-IV cadre, however, neither any particulars as regards the
selection process were mentioned nor any materials were produced. The petitioner Nos.1, 2
& 3 were appointed by the Joint Director of Health Services, Dibrugarh on the basis of
appointment orders dated 05.02.2005, 07.02.2005 and 23.10.2005 respectively. Thereupon,
the petitioner Nos.1, 2 & 3 were trasnferred to the establishment of the Joint Director of
Health Services, Tinsukia. The petitioner No.4 was appointed on 24.04.2011 by the Joint
Page No.# 68/104

Director of Health Services, Tinsukia.

38. It reveals from the records that the petitioners herein were issued show cause notices
on 16.08.2019 mentioning the deficiencies in their appointments. The petitioners submitted
their respective replies whereby they sought for a copy of the Scrutiny Committee report and
also stated that they were appointed in the Health Department under the Joint Director of
Health Services against sanctioned vacant posts and have been drawing salary against the
said posts. The joining to the services, the continuance thereof as well as the salary being
paid would clearly demonstrate that the appointments of the petitioners have the approval of
all concerned. Thereupon, the petitioners were removed from their services vide the
respective orders of removal all dated 21.10.2019 which have been impugned in the instant
proceedings.

WP(C) No.8422/2019

39. The instant writ petition was filed by the five writ petitioners challenging inter-alia their
respective orders of removal dated 21.10.2019 by the Joint Director of Health Services,
Golaghat. The petitioners herein claim that pursuant to a valid selection process, the
petitioners were selected against various advertised posts in Grade-IV. The petitioner Nos.1 &
2 were appointed on 17.03.2008 under the establishment of the Joint Director of Health
Services. Thereupon, the petitioner No.1 was transferred to the establishment of the Joint
Director of Health Services, Golaghat vide the order dated 19.08.2010 and the petitioner No.2
was also transferred to the establishment of the Joint Director of Health Services, Golaghat
vide the order dated 01.03.2011. The petitioner Nos.3, 4 & 5 were appointed as claimed by
the petitioners by the Joint Director of Health Services, Sivasagar vide the orders dated
03.04.2008, 03.04.2008 and 26.02.2009 respectively and subsequently they were transferred
to the establishment of the Joint Director of Health Services, Golaghat vide orders dated
17.12.2011, 25.02.2011 and 25.02.2011 respectively.

40. This Court further finds it relevant at this stage to take note of that in the case of the
petitioner No.1, the appointment letter was issued by the Joint Director of Health Services,
Dibrugarh on 17.03.208. In the said appointment letter, there is a mention that the same was
Page No.# 69/104

issued as per the approval of the Director of Health Services, Assam vide letter
No.HSE/APPTT/33/07/45284 dated 30.07.2007. It was also mentioned that there was an
approval from the Finance (SIU) Department vide letter No.U.O. No.FSI/02/06 dated
03.08.2006 and No.U.O.No.FSI/321/06 dated 16.12.2006. The petitioner No.1 thereafter
joined on 21.03.2008. On 19.08.2010, the petitioner No.1 was transferred to the
establishment of the Joint Director of Health Services, Golaghat. As regards the petitioner
No.2, the appointment letter was also issued by the Joint Director of Health Services,
Dibrugarh on 17.03.2008 and the contents pertaining to the approval of the Director of Health
Services, Assam and the Finance (SIU) Department's approval are the same as that of the
petitioner No.1. The petitioner No.2 thereafter was transferred by the Director of Health
Services, Assam vide an order dated 01.03.2011 and placed at the disposal of the Joint
Director of Health Services, Golaghat. The petitioner No.3 was appointed by the Director of
Health Services, Assam on 03.04.2008 as could be seen from the appointment letter. In the
said appointment letter there is a mention that that said appointment was made in pursuance
of the Governments letters No.HLA.1111/2002/Pt-I/93 dated 15.09.2006 and
No.HLA.1111/2002/Pt-I/171 dated 04.01.2007. Upon the petitioner No.3 being appointed vide
the appointment letter dated 03.04.2008, the services of the petitioner No.3 was placed at
the disposal of the Joint Director of Health Services, Sivasagar. Subsequent thereto, on
17.12.2011, the petitioner No.3 was transferred by the Director of Health Services, Assam and
his services were placed at the disposal of the Joint Director of Health Services, Golaghat.
The petitioner No.4 was also appointed by the Director of Health Services, Assam on
03.04.2008 and the contents of the said appointment letter are the same to the contents of
the appointment letter of the petitioner No.3. Subsequent thereto, vide an order dated
25.02.2011, the Director of Health Services, Assam transferred the services of the petitioner
No.4 and placed her at the disposal of the Joint Director of Health Services, Golaghat. The
petitioner No.5 was appointed by the Joint Director of Health Services, Sivasagar vide an
order dated 26.02.2009. In the appointment letter, it was mentioned that the said
appointment was made in pursuance of the Government approval vide letter
No.HLA.1134/05/Pt-IV/27 dated 13.06.2008 and the Director of Health Services, Assam letter
No.HSE/Gr-IV/207/Pt.08/1184 dated 21.01.2009. Subsequent thereto, the Director of Health
Services, Assam transferred the petitioner and placed his services at the disposal of the Joint
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Director of Health Services, Golaghat vide an order dated 25.02.2011. It is the claim of the
petitioners that pursuant to the appointment and transfer, they continued to render their
services and were receiving their salaries. The petitioners further in the pleadings have
mentioned about the various steps being taken by the Health Department, the details of
which have already been mentioned in paragraph Nos.7 to 13 of the instant judgment and for
the sake of brevity and to avoid prolixity, this Court refrains from repeating. Be that as it may,
the petitioners were issued individual show cause notices, all dated 14.08.2019 thereby
directing the petitioners to prove genuineness as per the observation made by the Screening
Committee during the screening at the Director of Health Services, Assam which was
mentioned in the office letter dated 07.08.2019. At this stage, this Court finds it relevant to
take note of that on 07.08.2019, all the petitioners were issued show cause notices. In the
show cause notice issued to the petitioner No.1, it was mentioned that there was no record of
the Director of Health Services' approval and no SIU approval of the Government. It was
further mentioned that date of joining of the petitioner No.1 was 21.03.2008 and the salary
was drawn from 01.09.2010. In the case of the petitioner No.2, it was mentioned that there
was no record of Director of Health Services' approval and no SIU approval of the
Government and the petitioner No.2 was also informed her date of joining was 19.03.2008
and the salary was drawn from 01.07.2011. In the case of the petitioner No.3, it was
mentioned that that there was no available record found in the Directorate of Health Services,
Assam regarding his appointment dated 03.04.2008, the transfer order dated 17.12.2011 and
the release order dated 04.01.2012. It was further mentioned that the date of joining of the
petitioner No.3 was 24.04.2008 and the salary was drawn w.e.f. 01.01.2012. In the case of
the petitioner No.4, it was mentioned that there was no available records found in the
Director of Health Services, Assam regarding her appointment order dated 03.04.2008 issued
by the Director of Health Services, Assam, the transfer order dated 25.02.2011 from
Sivasagar and the release on 29.02.2011. It was mentioned that the date of joining of the
petitioner No.4 was 24.04.2008 and the salary was drawn w.e.f. 01.03.2011. In the case of
the petitioner No.5, it was mentioned that there was no records of Director of Health
Services' approval and no SIU approval of the Government. The petitioner No.5 had joined on
27.02.2009 and salary was drawn from 01.09.2011. It is however, relevant to take note of
that in each of the show cause notices dated 07.08.2009, it is seen that the petitioners had
Page No.# 71/104

started to draw salary after issuance of their respective transfer order by the Director of
Health Services, Assam. The record reveals that the petitioners herein submitted their replies
wherein the petitioners sought for the minutes of the meeting of the Screening Committee.
The contents of the replies of each of the petitioners are similar. Thereupon, the Director of
Health Services, Assam by the communication dated 17.10.2019 informed the Joint Director
of Health Services, Golaghat that six numbers of Grade-IV employees under his jurisdiction
were detected to be fake by the Screening Committee of the Directorate of Health Services,
Assam as they could not establish their genuinenity of their appointments, and hence, they
were removed from service with immediate effect. The Joint Director of Health Services,
Golaghat was directed to issue removal order individually and to submit the compliance
report. Pursuant thereto, on 21.10.2019, each of the petitioners was issued similar orders of
removal by the Joint Director of Health Services which have been impugned in the instant
writ petition.

41. Pursuant to filing of the above mentioned writ petitions, this Court had issued notices.
Affidavits-in-opposition have been filed by the respondent Health Department in some of the
writ petitions and to the said affidavits-in-opposition, affidavits-in replies have also been filed.
It is also seen from the records that in WP(C) No.8220/2019, the respondent Health
Department had filed an additional affidavit on 31.05.2023 and to the said additional affidavit,
a re-joinder/affidavit-in reply was filed by the petitioners on 05.06.2023.

42. Let this Court, therefore, take into account the stand of the respondents. Taking into
account the stand of the Government of Assam, Health Department being similar in all the
affidavits so filed and additional pleadings have been filed in WP(C) No.8220/2019, this Court
confines, for the sake of brevity, to refer to the stand of the Government in WP(C)
No.8220/2019. It is the case of the respondents in the affidavits-in-opposition that a Scrutiny
Committee was constituted for verification of genuineness of appointments of all Grade-IV
staffs of the districts as per the Government Letter No.HLA.1007/2016/184 dated 27.03.2017.
The said document had been enclosed as Anexure-3 in WP(C) No.8220/2019. From a perusal
of the said document, i.e. the communication dated 27.03.2017, it transpires that there was a
request issued to the Director of Health Services to release the salaries of 953 numbers
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Surveillance Workers whose credentials were found to be genuine vide letter/report dated
07.03.2017. The Director of Health Services was further requested to give last opportunity to
those Surveillance Workers who did not appear before the Screening Committee to appear
before the same once more, failing which suitable steps may be initiated for their termination
and there was also a direction that notice in this connection be issued in the form of a
newspaper advertisement. The Director of Health Services was also requested to complete
the screening process of the remaining Surveillance Workers and start similar process to other
posts also under its establishment so that genuineness could be verified.

43. Accordingly, on the basis of the said communication dated 27.03.2017, the Director of
Health Services had issued an order dated 17.05.2017 constituting a Screening Committee of
three officers alongwith supporting stuff for verification of appointment orders, transfer
orders, service books etc. of all the Grade-IV of the districts. The verification was to be
carried out from 12.06.2017 to 19.06.2017.

44. On the same date that is 17.05.2017, the Director of Health services, Assam directed all
the Joint Directors of Health Services and the Additional Directors of Health Services to
submit the necessary documents mentioned therein in a format before the Screening
Committee and appear before the Screening Committee with one respective Dealing Assistant
and all Grade-IV staff with all original documents on the dates specifically mentioned in the
communication dated 17.05.2017. The contents of the said communication dated 17.05.2017
was modified vide another communication dated 03.06.2017.

45. On the date fixed, verification was carried out. Upon verification by the Screening
Committee, it was found in the case of the writ petitioners in WP(C) No.8220/2019 that there
was no prior approval of the Director of Health Services, Assam. There was no select list, no
SIU approval from the Finance Department. Under such circumstances, the appointments of
the writ petitioners in WP(C) No.8220/2019 were found doubtful as regards the genuineness
of their appointment. Thereupon, Director of Health Services once again directed the Joint
Directors of Health Services of concerned districts to instruct the writ petitioners in the other
writ petitions to appear before the Screening Committee with their authentic documents to
prove the genuineness as per the scheduled date and venue vide the letter dated 19.07.2017.
Page No.# 73/104

During the said screening process, it was found upon verification that the appointments,
transfers, service books, LPC's etc. were doubtful. Under such circumstances, the Director of
Health Services vide the communication dated 17.02.2018 directed the Joint Directors of
Health Services of concerned districts to instruct the writ petitioners in the instant batch of
writ petitions to appear before the Screening Committee to prove the genuineness of their
appointments as per the scheduled date and venue in order to further re-verify.

46. The writ petitioners in the present batch of writ petitions appeared before the
Screening Committee, but they were unable to prove their genuineness. It is under such
circumstances that the Screening Committee submitted the final verification report to the
Government vide the Directorate Letter No.HSC/verification/GR-IV/80/2017/2842 dated
22.03.2018. It is the case of the respondent Health Department that the Screening
Committee gave the writ petitioners ample opportunity to prove the genuineness of their
appointments, but the writ petitioners were unable to prove the genuineness in respect to
their appointments before the Screening Committee so constituted by the Director of Health
Services, Assam. Accordingly, the Government of Assam vide the communication dated
05.11.2018 instructed the Director of Health Services to give a last opportunity to the
petitioners to prove their genuineness and if they failed to prove the genuineness of their
appointments, their services would be dismissed/discharged immediately. Subsequent
thereto, a notice was published in the newspaper "Niyamiya Barta" on 27.04.2018 with a
direction to the writ petitioners in the instant writ petitions to appear before the Screening
Committee to prove the genuineness of their appointments.

47. It is the further case of the respondents that some of the petitioners apprehending that
they would be terminated, approached this Court by filing writ petitions, what happened
thereafter have been detailed out at paragraph Nos.8 & 9 herein above.

48. The respondent Health Department directed the concerned Joint Directors of Health
Services to serve fresh show cause notices to the writ petitioners mentioning the precise
deficiencies vide the letter dated 18.08.2019. Thereupon, each of the writ petitioners in the
batch of writ petitions were issued separate show cause notices stating precisely the
deficiency in their appointments and also asked the petitioners to prove the genuineness of
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his/her appointment. On account of the failure of the petitioners to prove the genuineness of
their appointments by producing any authentic document, all the petitioners in the instant
batch of writ petitions were removed by various individual orders which have been impugned
in the present batch of writ petitions.

49. It was further mentioned in the said affidavit-in-opposition that as per the Assam
Directorate Ministerial Service Rules, 1973, the Director of Health Services of Assam is the
Appointing Authority of Grade-III and Grade-IV posts. At this stage, this Court finds it
relevant to mention that in the present batch of writ petitions, the appointments have been
made by the Joint Director of Health Services barring one or two writ petitions.

50. To the said affidavit-in-opposition filed in various writ petitions, affidavit-in-reply were
filed by the petitioners detailing what information the petitioners could gather under the Right
to Information Act, 2005. In the said affidavit-in-reply, four documents of relevance have
been enclosed, i.e. (i) the Office Memorandum dated 04.07.2005 issued by the Commissioner
and Secretary to the Government of Assam, Finance Department; (ii) the communication
issued by the Commissioner and Secretary to the Government of Assam, Finance Department
dated 14.07.2005 in relation to dissolution of State Level Empowered Committee; (iii) the
clarification dated 22.08.2005 issued by the Commissioner and Secretary to the Government
of Assam, Finance Department clarifying the Finance Department's letter dated 04.07.2005
and (iv) Office Memorandum dated 30.03.2012 issued by the Government of Assam, Finance
Department.

51. This Court before further proceeding to refer to the other pleadings finds it relevant to
take note of the above referred documents which have been enclosed to the affidavits-in-
reply. To understand and appreciate the correlation of the said documents to the dispute
involved, this Court finds it relevant to take note of a very pertinent development which has
taken place contemporarily to the issuance of the said documents.

52. The State Legislature enacted the Assam Fiscal Responsibility and Budget Management
Act, 2005 (for short, 'the Act of 2005'). This Act was enacted to provide for the responsibility
of the State Government to ensure fiscal stability, sustainability, improve efficiency and
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transparency in the management of public finance of the State; enhance the ability of the
resources by achieving sufficient revenue surplus; reduce fiscal deficit and remove the
impediment to effective conduct of fiscal policy and prudent debt management for improving
the social and physical infrastructure and human development in the State. Section 2 (a) of
the Act of 2005 defined 'Administrative Approval' to mean authority to create liability and/or
incur expenditure. Section 5 of the Act of 2005 dealt with the measures for Fiscal
Transparency. Section 7 of the Act of 2005 is very pertinent as regards the instant dispute
and taking into account its importance, the same is reproduced herein under:-

"7. Measures to ensure Fiscal Discipline.- (1) With a view to ensuring timely discharge
of current liabilities, especially payment of salaries to the employees, -

(a) the State Government or the appointing authorities under it shall give
appointments only against a sanctioned post which is vacant and in accordance
with the laid down Rules, procedures and orders;

Explanation: The appointing authorities under this clause shall include the appointing
authorities of the autonomous bodies including Public Sector Undertakings,
Companies, Statutory Bodies, Trusts, Societies and Cooperatives Societies under the
State Government.

(b) notwithstanding any other provision contained in any Act or Rules, no new
post shall be created in any department of the State Government or in
Autonomous bodies including Public Sector Undertakings, Companies, Statutory
Bodies, Trusts, Societies and Cooperatives Societies, which are under the State
Government, without the prior concurrence of the Finance Department;

(c) no appointment shall be made by the State Government or the appointing
authorities under it in the vacancies arising out of transfer and leave of the
incumbents in these posts;

(d) no appointment shall be made by the State Government or the appointing
authorities under it, in a post in anticipation of it's falling vacant in future;
Page No.# 76/104

(e) the State Government or the appointing authorities under it shall not make
more than one appointment against one vacant post;

(f) any letter of appointment to any vacant sanctioned post shall clearly indicate
the identity of the post in the manner as may be prescribed;

(g) notwithstanding any other provision contained in any Act or Rules, the
select list prepared for the fresh appointments to vacant sanctioned posts shall
contain names equal to the number of vacant posts notified at the time of
calling for applications for filling up the posts.

(2) Before awarding any work or starting a construction work or awarding an order of
supply of goods and services which create liability on the Consolidated Fund of the
State, the State Government or the authorities exercising delegated financial powers
shall first issue administrative approval or financial sanction, for the work or the order
of supply as the case may be, in compliance with the existing Rules, procedures and
guidelines and further Rules, procedures and guidelines that may be prescribed from
time to time.

(3) Each Department shall maintain a register of works and order of supplies of goods
and services, liabilities incurred against these works and orders of supplies, liabilities
cleared and liabilities awaiting clearance, in a format as may be prescribed:

Provided that the Government may make Rules not to sanction new work if the
outstanding liabilities in a Department exceed a limit as may be prescribed."

53. From a reading of the above quoted Section, it transpires that in order to ensure fiscal
discipline with a view to ensuring timely discharge of current liabilities, especially payment of
salaries to employees, the State Government or the Appointing Authority under it shall give
appointment only against a sanctioned post which is vacant and in accordance with the laid
down Rules, procedures and orders. The reference to the Appointing Authority in Section 7
(1) (a) of the Act of 2005 has been explained by an Explanation to include the Appointing
Authority of Autonomous Bodies including Public Sector Undertakings, Companies, Statutory
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Bodies, Trusts, Societies and Cooperative Societies under the State Government. Section 7 (1)
(b) of the Act of 2005 stipulates that notwithstanding any other provision contained in any
Act or Rules, there cannot be a creation of a new post in any Department of the State
Government or in Autonomous Bodies including Public Sector Undertakings, Companies,
Statutory Bodies, Trusts, Societies and Cooperative Societies which are under the State
Government without the prior concurrence of the Finance Department. Section 7 (1) (c) of
the Act of 2005 stipulates that there can be no appointment made by the State Government
or by the Appointing Authority under it in the vacancies arising out of transfer and leave of
the incumbents in these posts. Section 7 (1) (d) of the Act of 2005 stipulates that there can
be no appointment by the State Government or by the Appointing Authority under it in a post
in anticipation of its falling vacant in future. Section 7 (1) (e) of the Act of 2005 stipulates
that the State Government or the Appointing Authority under it shall not make more than one
appointment against one vacant post. Section 7 (1) (f) of the Act of 2005 stipulates that any
letter of appointment in vacant sanctioned post shall clearly indicate the identity of the post in
the manner as may be prescribed. In terms with Section 7 (1) (g) of the Act of 2005 which
also starts with a non-obstinate Clause stipulates that the select list prepared for fresh
appointments to vacant sanctioned posts shall contain names equal to the number of vacant
posts notified at the time of calling for applications for filling up the posts. Sub-Section (2)
and Sub-Section (3) of Section 7 of the Act of 2005, however, being not relevant is not
discussed. It is also relevant to take note of Section 8 of the Act of 2005 which relates to
offences and penalties for violating the provisions of Section 7 of the Act of 2005. Sub-Section
(2) of Section 8 of the Act of 2005 not only penalizes the violator with imprisonment but also
empowers recovery of the amount of financial loss.

54. This Court further finds it relevant to mention that in terms with Section 1 (3) of the Act
of 2005, a notification was issued on 26.08.2005 thereby appointing 01.09.2005 as a date on
which the Act of 2005 had come in force.

55. In the backdrop of the above, let this Court, therefore, discuss the four documents
which have been enclosed to the affidavit-in-reply, reference to which this Court had made
earlier. The Office Memorandum dated 04.07.2005 was issued by the Finance (Budget)
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Department of the Government of Assam. It is stated therein that the State Level Empowered
Committee stood dissolved w.e.f 30.06.2005. It was mentioned that the Finance (Staff
Inspection Unit) Department would look into rationalization of requirement of staff in various
State Government Offices. Clause (ii) of the Office Memorandum dated 04.07.2005 stipulated
that before filling up any vacant posts, the concerned Administrative Department would have
to obtain prior approval of the Finance (SIU) Department and the said SIU Department would
examine the justification for continuance of the post and recommend for filling up of the post
or its abolition as the case may be. In terms with Clause (iii), it is only upon the
recommendation of the SIU, the concerned Administrative Department would fill up the posts
as per the Rules and after observing all procedures. Clause (iv) relates to a situation where
there is an abolition of the post on the recommendation of the SIU and Clause (v) stipulates
as regards the creation of new post or upgradation of existing post.

56. The communication dated 14.07.2005 issued by the Commissioner and Secretary to the
Government of Assam, Finance Department to the various Secretaries, Commissioners and
Secretaries, to the various Principal Secretaries/Commissioners and Secretaries, Secretaries to
the Government of Assam, all Commissioners of the Divisions, all Heads of the Departments,
all Deputy Commissioners and all Sub-Divisional Officers clearly mentioned that the Reference
Number of the Finance (SIU) Department have to be indicated while submitting the
Treasuries Salary Bills of the employees who were/are appointed and joined after 04.07.2005
failing which the Treasury Officer would not entertain the claim. It was also mentioned that
those employees who were appointed with the approval of the then existing State Level
Empowered Committee or appointed in compliance with the Court's order before 04.07.2005,
approval/appraisal number respectively of SLEC is to be indicated in the salary bill. It would
further be seen from the said communication that for passing salary bill it was made
mandatory that the Finance (Budget) Department would issue list of new appointee with
Finance (SIU) Department's approval/appraisal number to the Treasury Officer concerned to
enable them to accept and pass salary bills in the case of new appointees. It was further
stipulated that the Treasury Officers have been instructed not to pass salary bill of the new
appointees without the clearance of the Finance (Budget) Department. Before proceeding
further, this Court in order to draw the relevance of the necessity of the approval/appraisal
Page No.# 79/104

member of SLEC for those appointed on the basis of SLEC approval, finds it pertinent to
mention that on 06.12.1999, and Office Memorandum was issued constituting the State Level
Empowered Committee and in that said Office Memorandum it was specifically mentioned
that existing vacant posts cannot be filled up by direct recruitment or promotion without the
approval of the SLEC. This Court would deal with Office Memorandum in detail at a later
stage.

57. The communication dated 22.08.2005 again issued by the Commissioner and Secretary
to the Government of Assam, Finance Department relates to a clarification on the Finance
Department OM dated 04.07.2005. The said clarification relates to how the Treasury Officers
should function while passing any salary bill. It was mentioned that no post whether existing
or new should be filled up without the clearance from the Finance (SIU) Department so that
the new appointees do not face any difficulty in drawing the salary.

58. The Office Memorandum dated 30.03.2012 issued by the Finance Department to the
Government of Assam relaxes the rigours imposed vide the Office Memorandum dated
04.07.2005 to the extent that for existing vacant sanctioned Grade-I, Grade-II and Grade-III
posts except all posts of teachers of Elementary Schools and drivers, the Seniormost
Secretary of the concerned Head of the concerned Administrative Department was given the
authority to issue prior approval for filling up of duly created and retained vacant sanctioned
post, however, strictly in compliance with the provisions of the Act of 2005, the Reservation
Act relating to SC/ST/PH/Women and other relevant Acts and Rules, the judgment of the
Supreme Court in the case of State of Karnataka vs. Uma Devi , reported in (2006) 4
SCC 1 and other judgments so referred to. It is further relevant to take note of that all such
posts can only be filled up after issuing advertisement in the newspapers as laid down.
Though the relaxation has been given in respect of Grade-I, Grade-II and Grade-III posts
except teachers of Elementary Schools and drivers, the rigors of the Office Memorandum
dated 04.07.2005 however continues to apply in respect to Grade-IV posts of all
designations/descriptions as well as the posts of drivers and teachers of Elementary Schools.
This can be seen from Clause 7 from the Office Memorandum dated 30.03.2012.

59. In the backdrop of the above, let this Court now consider the Additional Affidavit
Page No.# 80/104

filed by the respondent Health Department as well as the Rejoinder Affidavit so filed by
the petitioners in WP(C) No.8220/2019.

60. The Additional Affidavit was filed by the Director of Health Services on
31.05.2023. In the said Additional Affidavit, it was mentioned that the Government of
Assam had constituted the State Level Empowered Committee (SLEC) comprising of
the Chief Secretary to the Government of Assam as Chairman; Commissioner &
Secretary, Finance Department as Member; Commissioner & Secretary, Planning and
Development Department of Assam as Member and the Secretary, Personal Department
as Member Secretary to optimize the utilization of the services of the Government
employees. The said Committee was formed on 06.12.1999. The Office Memorandum
forming the constitution of SLEC has been enclosed as Anenxure-8 to the Additional
Affidavit. A perusal of the said Office Memorandum would show that the said
Committee, i.e. the SLEC was conferred with certain authority to examine the
requirement of actual number of staff based on workload on each Department/Office and
determine the shortage/surplus Government employees in any Department; to examine if
the requirement can be met by rationalizing the existing staff, if necessary, by re-
deployment of the existing staff from any Department/Office; to examine which are the
posts which cannot be kept vacant and cannot be manned by re-deployment, and
accordingly, to recommend to fill up the posts and the Committee was required to
complete the work relating to the actual number of staff based on workload in each
Department/Office and determine the shortage/surplus Government employees in any
Department by 31.03.2000. It was also mentioned in the said Office Memorandum that
existing posts including those which may fall vacant in future will not be filled up either
by direct recruitment or by promotion without the approval of the SLEC. Therefore, in
view of the said Office Memorandum without the approval of the SLEC there could not
be any direct recruitment or promotion to the existing vacant posts prior to the abolition
of the SLEC dated 30.06.2005.
Page No.# 81/104

61. It was further mentioned in the said additional affidavit that the Office
Memorandum dated 06.12.1999 was circulated to all the Principal
Secretaries/Secretaries/Commissioner & Secretaries to the Government of Assam of all
Departments vide communication dated 07.12.1999 issued by the Commissioner &
Secretary to the Government of Assam, Finance Department as well as all Deputy
Commissioners and Sub-Divisional Officers vide WT Message dated 22.12.1999. At this
stage, it is relevant to mention that as per the claim of the petitioners in WP(C)
No.1931/2020; WP(C) No.8220/2020; WP(C) No.2315/2020; WP(C) No.5013/2020;
WP(C) No.9198/2019 and some of the petitioners in WP(C) No.8669/2019 and
8423/2019, they were appointed during this period when the SLEC was in existence. It
is also relevant to take note of that no details as reagrds the SLEC permission or
approval as was required in terms with the Office Memorandum dated 06.12.1999 have
been placed on record or there is any averment also that these petitioners were appointed
pursuant to the permission/approval given by the SLEC.

62. Be that as it may, it is also relevant to take note of that in the additional affidavit
there is a reference made to a letter dated 11.04.2002 issued by the Government in the
Health and Family Welfare Department whereby it is seen that the Director of Health
Services, Assam as well as the Director of Health Services (Family Welfare) were issued
directions not to issue any appointment order(s) until further orders even in respect to
cases against which permission of the SLEC and the approval of the Minister, Health
and Family Welfare, Assam have been obtained. The said direction which was issued by
the communication dated 11.04.2002 was further conveyed by the Director of Health
Services, Assam to all the Joint Directors of Health Services of the districts, the
Additional Director of Health Services, etc. vide the letter dated 22.05.2002. The letter
dated 11.04.2002 has been enclosed as Annexure-D to the additional affidavit and the
communication issued by the Director of Health Services, Assam to the various Joint
Director of Health Services including the Additional Director of Health Services dated
Page No.# 82/104

22.05.2002 have been enclosed as Annexure-E.

63. A further perusal of the Additional Affidavit shows that it is the case of the
respondents that for appointment of Grade-III and Grade-IV staff under the Health and
Family Welfare Department, Government of Assam there are no specific Service Rules.
Under such circumstances, the Assam Public Services (Direct Recruitment to Class-III
and Class-IV) Rules, 1997 (for short, 'the Rules of 1997') was required to be followed
for selection and appointment in the Grade-III and Grade-IV posts in the districts.

64. Before further proceeding to analyze the dispute, this Court finds it relevant to take
into account the various provisions of the said Rules of 1997. A perusal of the Rule 3 of
the Rules of 1997 would show that the said Rules of 1997 shall apply only to those
Class-III, both technical and non-technical and Class-IV posts where there are no
Service Rules/Executive Orders regulating the recruitment and conditions of service and
are not within the purview of the Assam Public Service Commission. Sub-Rule (2) of
Rule of 3 of the Rules of 1997 further specifies that the said Rules of 1997 shall not
apply to various situations enumerated in Clauses (i) to (vi) of Sub-Rule (2) of Rule 3.

65. Rule 4 relates to direct recruitment. A perusal of Rule 4 shows that the direct
recruitment shall be made on the basis of the recommendation made by the Selection
Committee in accordance with the procedure provided in the said Rule. Sub-Rule (1) of
Rule 4 stipulates that before the end of each year, the Appointing Authority shall make
an assessment regarding the existing vacancies and the likely numbers of vacancies to be
filled by direct recruitment during the next twelve months and shall intimate the same to
the Selection Committee together with the details for the reservation for the reserved
categories as provided under Rule 16 and also about carrying forward of such
reservation. Sub-Rule (2) of Rule 4 is of relevance taking into account the dispute
involved in as much as a duty is cast upon the Appointing Authority to advertise the
vacancies giving details about the reservations for reserved category and other necessary
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particulars by displaying the advertisement in the Office Board of the Office of the
Appointing Authority. In addition to that the copies of the advertisement shall also have
to be sent to the various offices to display in their respective Notice Board. Clause (a),
(b), (c) & (d) of Sub-Rule (2) of Rule 4 of the Rules of 1997 stipulates where the
advertisement has to be displayed. It is further seen that in terms with Sub-Rule (3) of
Rule 4, the Selection Committee shall after conducting necessary test/interview prepare
a combined list of successful candidates in order of merit and furnish to the Appointing
Authority a copy of the combined merit list of candidates recommended by it in the
order of preference found suitable for recruitment. Sub-Rule (4) of Rule 4 stipulates that
the select list shall remain valid for 12 months from the date of recommendation of the
Selection Committee. In terms with Sub-Rule (5) of Rule 4 of the Rules of 1997 in the
event the Selection Committee is unable to recommend sufficient numbers of candidates
to fill up all the vacancies for the year, it shall in consultation with the Appointing
Authority repeat the procedure as mentioned in Rule 6 for recommending a subsequent
list in the year.

66. Rule 5 stipulates the constitution of Selection Committee. It is interesting to note
that Sub-Rule (3) of Rule 5 stipulates that the Administrative Department shall issue an
instruction as regards the minimum essential qualifications for direct recruitment to the
post or posts and the age limit of the candidates; the minimum essential experience, if
any for the post or posts; whether there would be written test and if so, the name of the
papers and the maximum marks for each paper; whether there will be a typing test and if
so the maximum marks for the typing test; and whether there will be interview and if so
the maximum marks for the interview.

67. This Court further finds it relevant to take note of Rule 6 of the Rules of 1997
which stipulates the selection procedure. In terms with Sub-Rule (2) of Rule 6, it has
been mentioned that the selection shall be made on the basis of merit by taking into
account the performance in the written test, typing test and interview with reference to
Page No.# 84/104

the mode of selection as laid down by the Government instructions issued by the
administrative department under the provision of Sub-Rule (3) of Rule 5 with due
regards to the reservation for the Schedule Caste, Schedule Caste (Plain), Schedule
Caste (Hill), OBC, MOBC etc. as per the provision of the Assam Schedule Caste and
Schedule Tribe (Reservation of Vacancies in Services and Posts ) Act, 1978 and the
Rules framed thereinunder. It is further seen from Sub-Rule (5) of Rule 6 that the
combined merit list so prepared taking into account the reservation of SC, ST(P), ST(H),
OBC, MOBC etc. had to be published under the signatures of the Chairman, Member
Secretary and all other members of the Selection Committee and a copy of which shall
be displaced on the Notice Board of the departmental officer who is a Member
Secretary. The said combined merit list had upon been signed shall be then forwarded to
the Appointing Authority. The appointment thereupon have to be made strictly in order
of merit as per the combined merit list with due regards to the reservation as provided
for the SC, ST(P), ST(H), OBC, MOBC.

68. This Court further finds it relevant to take note of the status of the employee upon
being appointed. This is relevant taking into consideration the appointment letters which
were issued in favour of the petitioners, some of which are enclosed to the writ petitions.
The same could be seen from a perusal of Rule 12 and Rule 13 of the Rules of 1997. In
terms with Rule 12 (1), a person appointed by direct recruitment shall be employed in
such manner as the Appointing, Authority may decide and in terms with Sub-Rule (2) of
Rule 12, a person can be transferred or posted within the State of Assam or outside
Assam, or to any other department of the Government, a body corporate, in the affairs of
which the Government may be substantially interested and in such case, the person so
appointed shall not have any option against such posting or transfer. Rule 13 stipulates
that upon appointment, the direct recruitee would be entitled to pay and allowances,
leave, pension, discipline and other conditions of service as per the general rules and
orders of the Government for the time being in force. Therefore, from a perusal of Rules
Page No.# 85/104

12 & 13 of the Rules of 1997, it is seen that upon a direct recruit being appointed on the
basis of the Rules, enters to the services and posts in connection with the affairs of the
Government of Assam and also becomes entitled to the pay and allowances, leave,
pension and is also regulated by the discipline and other conditions of services by the
general rules and/or orders of the Government for the time being in force. At this stage,
it is pertinent to note that the orders of appointment of the petitioners some of which are
enclosed to the writ petitions strangely stipulate that the petitioners who were appointed
could be discharged without notice and without assigning any reason.

69. This Court further finds it relevant to observe another relevant aspect, i.e. except in
WP(C) No.8220/2019 and WP(C) No.1931/2020, wherein some semblance of a
selection process have been mentioned, there is no mention in the other writ petitions
about any particulars of the selection process. It is under such circumstances alleged in
the Additional Affidavit that prior to the alleged selection and appointment of the writ
petitioners in WP(C) No.8220/2019 and WP(C) No.1931/2020 which pertains to
Goalpara and Dibrugarh districts respectively and the verification of the records in the
Directorate, nothing could be found that prior to the initiation of the selection process
the Joint Directors of Health Services of the two districts sought for any approval from
any State Level Empowered Committee as mandated in the Office Memorandum dated
06.12.1999. It was mentioned that in order to seek the SLEC approval, the Joint Director
of Health Services had to move the proposal to the Director of Health Services, Assam
and Government in the Health and Family Welfare Department. But there is no such
record available in the Directorate that the then Joint Directors of Health Services of
Goalpara and Dibrugarh sought for SLEC approval prior to conducting the selection. It
was also mentioned that although the appointments were made to the petitioners in
WP(C) No. 8220/2019 and WP(C) No.1913/2019 by the then Joint Directors of Health
Services, Goalpara and Dibrugarh respectively, however no such power for appointment
was delegated by the Director of Health Services to the said two Joint Directors of
Page No.# 86/104

Health Services for issuing the appointment letters in terms with Rule 2 (a) of the Rules
of 1997. It was mentioned that there was no records available in the Directorate to show
that any instructions as regards the essential qualifications, age limits of the candidates,
minimum essential experience, mode of selection was prescribed by the then Director of
Health Services to the concerned Joint Directors of Health Services as was required
under Sub-Rule (3) of Rule 5 of the Rules of 1997. It was therefore mentioned that the
entire exercise of appointing the petitioners in WP(C) No.8220/2019 and WP(C)
No.1931/2020 by the respective Joint Directors of Health Services were without any
authority and was in complete violation of the relevant provisions of the Rule of 1997 as
well as the executive instructions prescribed in the OM dated 06.12.1999 and
07.12.1999 and as such all such appointments were illegal and not sustainable in law. It
was further mentioned that at that relevant point of time, there was a complete ban in
making appointments and this aspect of the matter was brought to the attention by the
Director of Health Services on 22.05.2002 to all the Joint Directors of Health Services.
It was further mentioned that after the dissolution of the SLEC vide OM dated
04.07.2005, for the first time selection and appointment of 76 Nos. of posts of Grade-III
and Grade-IV under the Health and Family Welfare Department was conducted in the
month of October, 2006. The said drive was initiated pursuant to the letter of the Health
and Family Welfare Department, Government of Assam dated 19.01.2006 and as per the
approval of the Finance (SIU) Department dated 03.08.2006 mentioned in the letter
dated 18.10.2006 issued by the Finance (Budget) Department.

70. The petitioners in WP(C) No.8220/2019 had filed an affidavit-in-reply to the
Additional Affidavit. In the said affidavit-in-reply, it was mentioned that as far as the
appointment to Grade-IV is concerned, it is the Joint Director of Health Services who is
the Appointing Authority and the appointments even prior to 1997 and thereafter also it
is the Joint Director of Health Services who was the Appointing Authority. It was further
mentioned that the Rules of 1997 was never applied in any of the establishment under
Page No.# 87/104

the Director of Health Services, Assam. Further to that, it was mentioned that as the
appointments of the petitioners were well within the knowledge of all concerned
authorities including the Director of Health Services, Assam and regularly budgetary
provision were made for the posts held by the petitioners after their appointment, no
question at any point of time was ever raised with regard to the manner in which they
were appointed. It was mentioned that in the event the approval of the Director of Health
Services was not there, the salaries of the petitioners could not have been released. The
petitioners without any default were receiving their salaries with effect from their
respective date of joining and no question or doubt in the entire service career was ever
raised. As such it would be construed that the appointments of the petitioners were so
effected by all required procedures. It was further mentioned that in terms of the OM
dated 04.07.2005, a rationalization process was carried out in each establishment
including that of the establishment of the Joint Director of Health Services, Goalpara as
well as Dibrugarh and as such after the scrutiny of the posts available to the said
establishments, the appointments were given effect to. No adverse report came to be
made by the Committee authorized to carry out the examination of the various posts
available in the said establishments.

71. This Court has heard the learned counsels for the petitioners and the respondent
Health Department. The submissions of the counsels were in terms with the specific
stand taken in the pleadings as discussed above.

72. The pivotal question which arises in the present batch of writ petitions is as to
whether the writ in the nature of Certiorari can be issued in the present facts interfering
with the removal orders. For the purpose of deciding the same, this Court finds it
relevant to take note of that except in the case of the petitioners in WP(C) No.1931/2020
and WP(C) No.8220/2019, there are no material particulars pleaded or material
produced which would show that petitioners in the remaining 11 writ petitions were
appointed pursuant to a selection process initiated. This Court finds it apt to reiterate that
Page No.# 88/104

in WP(C) No.2315/2020, WP(C) No.8999/2019, WP(C) No.8845/2019, WP(C)
No.8841/2019, WP(C) No.8668/2019, WP(C) No.8423/2019 and WP(C) No.8422/2019,
there are certain statements made to the effect that there was a valid selection process.
However, as aforestated, there are neither any pleadings with material particulars nor
any documents evidencing the same. Even the orders of appointment of the petitioners in
these writ petitions do not disclose that on the basis of some selection procedure or
select list, the petitioners were appointed.

73. Now coming to the cases, i.e. WP(C) No.1931/2020 and WP(C) No.8220/2019, the
pleadings as well as the documents enclosed would show that some selection procedure
was initiated. As already stated herein above, in respect to the petitioners in WP(C)
No.1931/2020, there was an advertisement dated 04.12.2004 issued by the Joint Director
of Health Services, Dibrugarh for filling up of few vacant posts of Grade-IV under the
establishment of the Joint Director of Health Services, Dibrugarh and the Office of the
Malaria Officer, Dibrugarh. There was no mention whatsoever in the said advertisement
as to how many vacant posts were advertised. It is also not known as to whether the said
advertisement was at all published in the Assamese Daily Newspaper "Asom Spandon"
Dibrugarh as well as to the Office notice Board. It however reveals from a perusal of the
information furnished by the Joint Director of Health Services, Dibrugarh on 15.06.2021
under the Right to Information Act, 2005 that on 17.02.2005, the Joint Director of
Health Services, Dibrugarh had issued a communication to the Director of Health
Services, Assam, Hengrabari whereby the select list of the candidates for recruitment to
the post of Grade-IV was forwarded. From the said select list, it transpires that the
names of 47 candidates were mentioned in the said select list. The statement containing
the marks by the candidates who applied for the posts of Grade-IV of the Joint Director
of Health Services, Dibrugarh was also enclosed. From the said statement, it reveals that
103 candidates had appeared in the said selection process. This Court further finds it
relevant that the Selection Board consisted of the SDM & HO (HE), the Additional
Page No.# 89/104

CMO & HO (FW), Dibrugarh and the Joint Director of Health Services.

74. In respect to the selection procedure pertaining to WP(C) No.8220/2019, it is seen
that an advertisement was issued in the daily newspaper "Asomiya Khabor" on
03.01.2005 by the Joint Director of Health Services, Goalpara whereby 70 posts of
Grade-IV under the establishment of Joint Director of Health Services, Goalpara was
advertised. From the records, it reveals that the select list was prepared of 75 candidates
by the Selection Committee consisting of Joint Director of Health Services, Goalpara
and two others. The said select list was prepared on 05.02.2005. It is also noteworthy to
take note of that on 06.01.2022, one of the petitioners sought for information under the
Right to Information Act, 2005 regarding the Government notification in relation to SIU
and since when the SIU for Grade-IV employees had come into effect and when any
order with respect to the SIU in the Grade-IV employees were received by the Office of
the Joint Director of Health Services, Goalpara. The PIO and the SDM & HO (SH) vide
the communication dated 23.05.2022 informed that the information as sought for was
not received by the Office.

75. Before further proceeding to adjudicate the pivotal question, this Court finds it
relevant to take note of as to whether the Rules of 1997 would be applicable for
selection of Grade-IV employees in the Health Department of the Government of
Assam. Although in the initial pleadings, there is no mention as regards the applicability
of the Rules of 1997 either by the petitioners or the respondent Health Department, but
in the Additional Affidavit filed on 31.05.2023, reference was made to the Rules of 1997
which are required to be followed for selection and appointment in the Grade-III and
Grade-IV posts of the districts in the Health and Family Welfare Department. This Court
has already in the previous segments of the instant judgment dealt with the Rules of
1997. Rule 3 of the Rules of 1997 stipulates the applicability of the Rules of 1997.
Taking into account the relevance of Rule 3 of the Rules of 1997, the same is reproduced
hereinunder:-
Page No.# 90/104

"3. Applications- (1) These rules shall apply only to those Class III, both technical and non-
technical, and Class IV posts, where there are no Service Rules/Executive orders regulating the
recruitment and conditions of service and are not within the purview of the Commission.
(2) These rules shall not apply to the following cases:-
(i) the posts, to which recruitments are made as per the existing Service
Rules/Executive Order;
(ii) the posts which are within the purview of the Commission;
(iii) the posts of teachers under Education Department;
(iv) the posts of police under the Home Department;
(v) the posts on the Establishment of Raj Bhawan, Assam Legislative Assembly,
High Court, Assam Public Service Commission, Lokayukta; and
(vi) the posts excluded from the purview of these rules by any general or special
order by the Government."

76. From a perusal of Rule 3 of the Rules of 1997, the same shall apply only to those
Class-III and Class-IV posts where there are no Service Rules/Executive Order
regulating the recruitment and conditions of service and/are not within the purview of
the Commission. Sub-Rule (2) of Rule 3 specifically stipulates the cases where the said
Rules of 1997 would not apply. The learned counsel for the petitioners however has
failed to show that there is any Service Rules/Executive Order regulating the recruitment
and conditions of service of Class-IV posts in the Health and Family Welfare
Department, Government of Assam. The petitioner further has failed to show that Class-
IV posts of the Health and Family Welfare Department are excluded from the purview of
the Rules of 1997 by any General or Special Order by the Government. Under such
circumstances, it is the opinion of this Court that the Rules of 1997 duly apply to the
selection of Class-III and Class-IV posts of the Health and Family Welfare Department.
It is reiterated once again that the Rules of 1997 had come into effect w.e.f 04.08.1997.

77. In the backdrop of the above, it would be seen that in 11 writ petitions, there is no
whisper of any material particulars in the pleadings filed by the petitioners or any
Page No.# 91/104

materials produced that there was a selection initiated on the basis of the Rules of 1997
or for that matter even as regards any selection as contemplated under law. However, in
the writ petitions, i.e. in WP(C) No.8220/2019 and WP(C) No.1931/2020, though there
are mention of initiation of a selection process and the select list being prepared, the
details of which this Court has already mentioned herein above, but the said selection
process initiated, the selection procedure as well as the select list so prepared are not in
conformity with the Rules of 1997. This Court had arrived at the said conclusion on the
basis of Rule 4 of the Rules of 1997 which stipulates how the vacancies are to be
advertised and what the Selection Committee is required to do in as much as the
advertisement which has been mentioned in the writ petitions were not in accordance
with Rule 4 (2) of the Rules of 1997. This Court further finds it relevant that from a
perusal of the select list which has been enclosed by the petitioners in WP(C)
No.8220/2019 and WP(C) No.1930/2020 to their affidavits-in-reply it is seen that the
constitution of the Selection Committee was also not in accordance with Rule 5 (1) (a)
of the Rules of 1997 which stipulates that the composition of the Selection Committee to
comprise of (i) Appointing Authority or the Seniormost Departmental Officer available
in the district where the vacancies arises nominated by the Appointing Authority as the
Chairman; (ii) A Departmental Officer belonging to the Office under which the
vacancies arise as the Member Secretary; (iii) an Officer in the rank of EAC upto SDO
to be named by the Deputy Commissioner of the district where the vacancy arises as
Member; (iv) an Officer of the Department other than the Department under which the
vacancy arises as Member and (v) an Officer of the Department other than the
Department under which the vacancy arises and the Department from which the Deputy
Commissioner had nominated an Officer as a Member of this Committee to be named by
the Appointing Authority as member. However, a perusal of the select lists enclosed to
the affidavits-in-reply shows that the Selection Committee in respect to the selection of
the petitioners in WP(C) No.8220/2019 comprised of three persons, i.e. the Joint
Director of Health Services, Goalpara as the Chairman; SDM & HO (HE) and the
Page No.# 92/104

Additional CMO & HO (FW), Goalpara.

78. Same is also the composition of the Section Committee in respect to the selection
of the petitioners in WP(C) No.1930/2020.

79. This Court further finds it relevant to take note of another aspect of the matter in as
much as in some of the cases, it is seen that the Director of Health Services, Assam had
appointed some of the petitioners. There is no mention in the writ petition wherein the
Director of Health Services, Assam had appointed such petitioners as to whether the
same was done so on the basis of some selection process initiated in terms with Rules of
1997. Therefore, it would be seen that the appointments of the petitioners to the various
Grade-IV posts under the Health Department were totally in violation of the Rules of
1997.

80. Be that as it may, this Court finds it relevant at this stage to take note of the
submission made by the learned senior counsel for the petitioners that the impugned
removal orders were issued on the ground that the same are not in conformity with the
Rules of 1997 or for that matter that the selection was not done in terms with the Rules
of 1997, and as such, the learned senior counsel appearing on behalf of the petitioners
placed reliance upon the judgment of the Supreme Court in the case of Commissioner of
Police, Bombay vs. Gordhandas Bhanji, reported in AIR 1952 SC 16 to the effect that public

orders made by public authorities which are meant to have public effect are intended to
affect the acting and conduct of those to whom they are addressed and must be construed
objectively with reference to the language used in the order itself. On the basis of the
said submission, the learned counsel for the petitioners submitted that the Rules of 1997
were never in the contemplation of the respondent authorities at the time of issuance of
the impugned removal orders, and as such, the Rules of 1997 cannot be imported now to
justify the action behind the impugned removal orders. This Court is of the opinion that
though the said submission, at the first glance, appears to be tenable, but taking into
account the constant stand of the respondent authorities since the formation of the
Page No.# 93/104

Screening Committee on 27.03.1917 that the appointments of the petitioners were de
hors the recruitment policy and were not genuine, the said submission of the learned
counsel for the petitioners, in the opinion of this Court, is misconceived, more so, when
the Rules of 1997 for selection of candidates in Class-IV posts are applicable. It is also
the opinion of this Court that when the issue has arisen as regards the genuineness of the
appointments of the petitioners are concerned, this court cannot shut its eyes to the
stipulation of the Rules of 1997. Be that as it may, even de hors the contentions that the
Rules of 1997 were not complied with, let this Court examine whether the proceedings
initiated which culminated with the issuance of the impugned removal orders can be
interfered in the present facts and circumstances.

81. In the foregoing paragraphs of the instant judgment, this court has in detail dealt
with the materials on record. From the materials on record, it is seen that on the basis of
an Office Memorandum dated 06.12.1999, the State Level Empowered Committee was
constituted. It was specifically mentioned in the said Office Memorandum that the
existing vacant posts cannot be filled up by direct recruitment or promotion without the
approval of the State Level Empowered Committee. It is also seen from the records that
the Office Memorandum dated 06.12.1999 was brought to the notice of all concerned of
the Government of Assam vide communication dated 07.12.1999 issued by the
Commissioner and Secretary to the Government of Assam, Finance Department. Further
to that, vide the WT Message dated 22.12.1999, all the Deputy Commissioners and Sub-
Divisional Officers were also informed about the Office Memorandum dated
06.12.1999. It is also seen that on 11.04.2002, the Government in the Health and Family
Welfare Department had directed Director of Health Services as well as the Director of
Health Services (Family Welfare) not to issue any appointment order vide the
communication dated 11.04.2002. This very communication further stipulated that even
in cases where permission of the SLEC and the approval of the Minister, Health and
Family Welfare Department, Assam was obtained, then also there should be no
Page No.# 94/104

appointment. Their directions were also communicated to all the Joint Directors of
Health Services of the districts, the Additional Directors of Health Services etc. vide
communication dated 25.02.2002. There is however no record as to when the ban was
lifted. But it has been mentioned in the Additional Affidavit filed on 31.05.2023 by the
Director of Health Services, Assam that for the first time, selection and appointment of
76 numbers of Grade-III and Grade-IV posts under the Health and Family Welfare
Department was conducted in October, 2006 and the said drive was initiated pursuant to
the letter of the Health and Family Welfare Department vide No.HLA/1067/2002/102-A
dated 19.01.2006 as per the approval of the Finance (SIU) Department dated 03.08.2006
mentioned in the letter dated 18.10.2006 issued by the Finance (Budget) Department.
Under such circumstances, the question arises as to how the appointments were made
prior to SLEC's dissolution w.e.f. 30.06.2005 without the SLEC's permission and also
how during the ban period w.e.f 11.04.2002 till 18.10.2006, any of the appointments
were made by the Joint Directors of Health Services of the concerned districts or by the
Director of Health Services, Assam.

82. From the above, therefore, not only it is seen that the Rules of 1997 were not
followed, but the said appointments were made by the Joint Director of Health Services
as well as by the Director of Health Services, Assam during the ban period which was
only lifted in the month of October, 2006 when the approval was granted by the Finance
(SIU) Department.

83. This Court further finds it relevant that an Office Memorandum was issued on
04.07.2005 by the Finance Department of the Government of Assam wherein amongst
others it was specifically stipulated that it is only upon the recommendation of the SIU,
the concerned Administrative Department would fill up the posts as per the Rules and
after observing all procedures. Therefore, post 04.07.2005, without the approval of the
Finance (SIU) Department and without following the Rules of 1997 no post could have
been filled up either by the Director of Health Services or by the Joint Director of Health
Page No.# 95/104

Services. It is also relevant to take note of that the Act of 2005 was brought into effect
from 01.09.2005 whereby no new posts could be created without prior concurrence of
the Finance Department; no appointment shall be made by the State Government or the
Appointing Authorities under it in the vacancies arising out of transfer and leave of the
incumbents in these posts and the appointment letters to any vacant sanctioned post shall
clearing indicate the identity of the post in the manner as may be prescribed. It is also
relevant that the rigors of Office Memorandum dated 04.07.2005 in so far as the Grade-
IV post was never relaxed and thereby the approval from the Finance (SIU) Department
was mandatory. Under such circumstances, it is difficult to visualize or accept as to how
post 04.07.2005, any appointment could have been made without the SIU approval and
without following the Rules of 1997 which was applicable.

84. The illegalities so committed by the officials of the Health Department are
manifested in each of the appointment made by them. Let this Court take the case of the
writ petitioner in WP(C) No.9388/2019. The petitioner was initially appointed on
contractual basis by the Joint Director of Health Services, Morigaon vide the
communication dated 30.06.2013. Subsequent thereto, at the request made by the Joint
Director of Health Services, Morigaon, the Director of Health Services, Assam had
regularized the services of the petitioner vide an order dated 26.07.2013. It is surprising
at this stage to note as to how the Director of Health Services, Assam could have
regularized the services of the petitioner taking into account the mandate of Section 7 of
the Act of 2005 as well as it is only the Government of Assam who by way of a scheme
of regularization can regularize irregular appointments. As already stated herein above,
regularization is not a source of recruitment, and as such, it is difficult to accept as to
how the petitioner in WP(C) No.9388/2019 could be brought within the affairs of the
State of Assam by the order of regularization made by the Director of Health Services,
Assam. This clearly shows how the officials of the Respondent Health Department
committed illegality with impunity.
Page No.# 96/104

85. Now coming to the case of the petitioner in WP(C) No.9377/2019 whereby the
petitioner was appointed in the cadre of Grade-IV post vide order dated 07.04.2008 by
the Director of Health Services, Assam and his services was placed at the disposal of the
Joint Director of Health Services, North Lakhimpur. In the order of appointment, there is
mention of the Government approval letter dated 17.12.2005 and the Finance (SIU)
Department's approval dated 28.11.2005. On the other hand, if this Court takes into
account the Additional Affidavit filed by the Director of Health Services, Assam it is
seen that only on 03.08.2006, the Finance (SIU) Department had granted the approval
for filling up of 76 posts. The deficiency in the case of the petitioner in the instant writ
petition is that there is no record available as regards his appointment letter. Be that as it
may, when the appointment of the petitioner was made after 04.07.2005, it is not
understandable as to how the same could have been made without following the Rules of
1997. Apart from that, the fact finding enquiry made by the Screening Committee could
not trace out any materials as regards the appointment of the petitioners in the official
records.

86. Now coming to the case of the petitioners in WP(C) No.8845/2019, it is seen that
these petitioners were appointed by the Joint Director of Health Services, Goalpara and
their services were also regularized by the Director of Health Services, Assam. As noted
above, in the case of WP(C) No.9388/2019, the Director of Health Services, Assam
cannot sans a regularization scheme of the Government of Assam to regularize the
services of the petitioners.

87. In the case of WP(C) No.5013/2020, the petitioner was appointed on the basis that
her father-in-law had donated some land where the Porbatia Sub-Centre had been
constructed. There is no material produced before this Court during the course of
hearing that there is a scheme of the Government for granting appointment in lieu of
donation of land. The authorities in the Health Department or even the Office of the
Deputy Commissioner, in the opinion of this Court, could not have appointed the
Page No.# 97/104

petitioner de hors the Rules of 1997 which was holding the field and also without taking
into account the extant Executive Instructions which were holding the field.

88. Therefore, from the above analysis, it would be seen that all the appointments
which were made favouring the petitioners in the instant batch of writ petitions were de
hors the Rules of 1997. The appointments so made prior to 30.06.2005 not only did not
have the SLEC permission but also were during the ban period which was in existence
from 11.04.2002 till October, 2006. The appointments which were made after
04.07.2005 in the instant batch of writ petitions did not have the SIU approval and also
were made de hors the Rules of 1997 which were required in view of the Office
Memorandum dated 04.07.2005.

89. This Court at this stage finds it relevant to take note of the judgment of the
Supreme Court in the case of State of Bihar & Others vs. Devendra Sharma, reported in (2020)
15 SCC 466 wherein the Supreme Court was dealing with the termination of a large

number of candidates who were appointed against Class-III and Class-IV posts in the
Health Department of the State of Bihar. In paragraph Nos.35 to 44, the Supreme Court
by taking into account the various judgments was of the opinion that no interference can
be made to the termination orders. Paragraph Nos.35 to 44 being relevant are quoted
herein below:-

"35. Lastly, it is argued that employees have been working for many years, some for more than 25
years, therefore, humanitarian view should be taken to set aside the order of termination and
regularise their services so as to make them entitled to pension and other retirement benefits.
36. We do not find any merit in the said argument. A Full Bench of the High Court in Rita Mishra v.
Director, Primary Education while dealing with appointment in the Education Department
claiming salary despite the fact that letter of appointment was forged, fraudulent or illegal,
declined such claim. It was held that the right to salary stricto sensu springs from a legal right to
validly hold the post for which salary is claimed. It is a right consequential to a valid appointment
to such post. Therefore, where the very root is non-existent, there cannot subsist a branch thereof in
the shape of a claim to salary. The rights to salary, pension and other service benefits are entirely
Page No.# 98/104

statutory in nature in public service. Therefore, these rights, including the right to salary, spring
from a valid and legal appointment to the post. Once it is found that the very appointment is illegal
and is nonest in the eye of the law, no statutory entitlement for salary or consequential rights of
pension and other monetary benefits can arise.
37. Such judgment of the Full Bench was approved by the three-Judge Bench of this Court in R.
Vishwanatha Pillai v. State of Kerala. This Court held as under:
"17. The point was again examined by a Full Bench of the Patna High Court in Rita Mishra
v. Director, Primary Education. The question posed before the Full Bench was whether a
public servant was entitled to payment of salary to him for the work done despite the fact
that his letter of appointment was forged, fraudulent or illegal. The Full Bench held:
'13. It is manifest from the above that the rights to salary, pension and other
service benefits are entirely statutory in nature in public service. Therefore, these
rights, including the right to salary, spring from a valid and legal appointment to
the post. Once it is found that the very appointment is illegal and is non est in
the eye of the law, no statutory entitlement for salary or consequential rights of
pension and other monetary benefits can arise. In particular, if the very
appointment is rested on forgery, no statutory right can flow from it.'
18. We agree with the view taken by the Patna High Court in the aforesaid cases."
38. The appointments made have been examined by five-member Committee. 91 candidates have
been found to be a case of irregular appointment. Such candidates are continuing in service. None
of the candidates in the present set of appeals could point out that they were appointed in a manner
meant for filling up of vacant post of public appointment i.e. by advertisement and by giving
opportunity to all eligible candidates to apply.
39. This Court in State of Jharkhand v. Manshu Kumbhkar, while allowing of the appeal of the
State found that the respondent was not sponsored by the employment exchange. There was no
advertisement and there was not even any properly constituted committee to make the selection.
40. This Court in State of Bihar v. Upendra Narayan Singh allowed the appeal of the State and that
Section 4 of the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 casts a
duty on the employer in every establishment in public sector in the State or a part thereof to notify
every vacancy to the employment exchange before filling up the same.
41. This Court in Union of India v. Raghuwar Pal Singh was examining a case, where the
Page No.# 99/104

appointment letter came to be issued without approval of the competent authority, then whether
such appointment letter issued to the respondent, would be a case of nullity or a mere irregularity?
If it is a case of nullity, affording opportunity to the incumbent would be a mere formality and non-
grant of opportunity may not vitiate the final decision of termination of his services. This Court
held that in absence of prior approval of the competent authority, the Director In-charge could not
have hastened issuance of the appointment letter. The act of commission and omission of the
Director In-charge would, therefore, suffer from the vice of lack of authority and nullity in law.
42. In Nidhi Kaim v. State of M.P., a three-Judge Bench was dealing with admission of students to
MBBS course on the basis of illegal and unfair admission process. The Court held as under:
"92. ... Having given our thoughtful consideration to the above submission, we are of the
considered view that conferring rights or benefits on the appellants, who had consciously
participated in a well thought out, and meticulously orchestrated plan, to circumvent well
laid down norms, for gaining admission to the MBBS course, would amount to espousing
the cause of "the unfair". It would seem like allowing a thief to retain the stolen property. It
would seem as if the Court was not supportive of the cause of those who had adopted and
followed rightful means. Such a course would cause people to question the credibility of the
justice-delivery system itself. The exercise of jurisdiction in the manner suggested on behalf
of the appellants would surely depict the Court's support in favour of the sacrilegious. It
would also compromise the integrity of the academic community. We are of the view that in
the name of doing complete justice it is not possible for this Court to support the vitiated
actions of the appellants through which they gained admission to the MBBS course.
***

94. ... Even in situations where a juvenile indulges in crime, he has to face trial, and is subjected to the postulated statutory consequences. Law, has consequences. And the consequences of law brook no exception. The appellants in this case, irrespective of their age, were conscious of the regular process of admission. They breached the same by devious means. They must therefore, suffer the consequences of their actions. It is not the first time that admissions obtained by deceitful means would be cancelled. This Court has consistently annulled academic gains arising out of wrongful admissions. Acceptance of the prayer made by the appellants on the parameter suggested by them would result in overlooking the large number of judgments on the point. Adoption of a different course, for the appellants, would trivialise the declared legal position. Reference in this behalf may be Page No.# 100/104 made to the judgments relied upon by the learned counsel representing Vyapam.

***

108. ... In the facts and circumstances of the case in hand, it would not be proper to legitimise the admission of the appellants to the MBBS course in exercise of the jurisdiction vested in this Court under Article 142 of the Constitution. We, therefore, hereby decline the above prayer made on behalf of the appellants."

43. In another three-Judge Bench judgment in Food Corpn. of India v. Jagdish Balaram Bahira, the Court was examining the consequences of false caste certificate produced to seek appointment. The Court held as under:

"69. For these reasons, we hold and declare that:

*** 69.3. The decisions of this Court in R. Vishwanatha Pillai and in Dattatray which were rendered by Benches of three Judges laid down the principle of law that where a benefit is secured by an individual--such as an appointment to a post or admission to an educational institution--on the basis that the candidate belongs to a reserved category for which the benefit is reserved, the invalidation of the caste or tribe claim upon verification would result in the appointment or, as the case may be, the admission being rendered void or non est. *** 69.7. Withdrawal of benefits secured on the basis of a caste claim which has been found to be false and is invalidated is a necessary consequence which flows from the invalidation of the caste claim and no issue of retrospectivity would arise;"

44. In view of the aforesaid judgments, it cannot be said that the appointment of the employees in the present set of appeals were irregular appointments. Such appointments are illegal appointment in terms of the ratio of the Supreme Court judgment in Umadevi (3). As such appointments were made without any sanctioned post, without any advertisement giving opportunity to all eligible candidates to apply and seek public employment and without any method of recruitment. Such appointments were back door entries, an act of nepotism and favouritism and thus from any judicial standards cannot be said to be irregular appointments but are illegal appointments in wholly arbitrary process."

Page No.# 101/104

90. From the above analysis of the facts and the relevant provisions of law, it would be seen that the Health Department of the Government of Assam had carried out a detailed fact finding inquiry as regards the genuineness of the appointments of the petitioners. The petitioners have been afforded the opportunities to appear before the Screening Committee on various occasions and the petitioners have been asked to prove their genuineness of their appointments. Not only the petitioners failed before the Screening Committee to prove their genuineness inspite of the deficiencies pointed out, even before this Court, the petitioners could not show that their appointments were made in terms with the provisions of the Rules of 1997 or were made with the approval of the then existing SLEC or that their appointments were made not during the ban period or that there was Finance (SIU) Department's approval prior to their appointments. The only plea which has been taken in the replies to the show cause notices was that the petitioners were duly appointed against the vacant sanctioned posts and were regularly receiving the salaries without any objection and the transfer orders of the petitioners also show that the Director of Health Services knew very well that the petitioners were appointed. It was also the argument of the learned counsel for the petitioners by drawing the attention of this Court to the Office Memorandums dated 04.07.2005 and 14.07.2005 that the petitioners being disbursed the salaries by the respondent authorities meant that the petitioners appointments were made either with the due approval of the SLEC or with the approval of the Finance (SIU) Department in as much as without the approval number, the salaries of the petitioners could not have been released. It is the opinion of this Court that the said contentions of the petitioners are totally misconceived in as much as if the appointments of the petitioners were made de hors the Rules of 1997 or during the ban period or without SLEC or SIU approval as the case may be, the illegality in their appointments do not get legalized in view of the complicity of the then Joint Directors of Health Services, the Director of Health Services, Assam and the Treasury Officers who were releasing the salaries who with impunity resorted to illegalities, nepotism and favouritism by violating the provisions of the Rules of 1997, the prevailing Page No.# 102/104 Executive Instructions as well as the rights of other eligible candidates under Article 14 & 16 of the Constitution.

91. In the backdrop of the above, this Court therefore is of the opinion that the question of issuance of a writ in the nature of certiorari in the present cases for setting aside the impugned removal orders do not arise in as much as all the appointments of the petitioners were illegal appointments and had no sanctity in the eyes of law for which they are nonest. Accordingly, this Court finds no merit in the batch of the writ petitions and consequently all the writ petitions fail.

92. Before parting with the records, this Court finds it relevant to observe that the public power to make appointment on public posts is conferred for public good. The power is given to the officer concerned by the Government in trust, that it shall be used and not abused. If the trust is belied, the protection conferred upon a Government servant stands denuded. The answerability and accountability is then individual of the officer. The Government is duty-bound to take appropriate civil/criminal action against the officer. The illegality in the appointment is not a one way street. If there was someone willing to pay a price for the job, there was another waiting to take advantage of the same by fixing a price. It is, not without reason that the appointments relate to Grade-IV posts. The standard by which the Government professes to act is the same standard by which its actions shall be judged. Therefore, whenever the Government terminates an appointment being illegal, it is the constitutional duty of the Government to simultaneously take action against the officials who belied the trust of the Government.

93. Accordingly, this Court, therefore, directs as follows:-

(i) The Government Officials who were responsible in facilitating such illegal appointments and the Government Officials who resorted to pay salaries to the petitioners without taking into account as to whether the petitioners' appointment orders had the SLEC or SIU approval are required Page No.# 103/104 to be made accountable as they have resorted to actions which have resulted in breaking the public trust reposed upon them. A Constitutional duty is cast upon the State, therefore, to take action against such officials who have belied the trust of the Government. This Court, therefore, directs the Chief Secretary to the Government of Assam to initiate appropriate actions against such officials as per the extant laws including criminal actions. This direction is issued to the Chief Secretary, Government of Assam taking into account that during the course of hearing, this Court made a specific query upon the learned Standing Counsel appearing on behalf of the Health Department as regards any criminal proceedings initiated against the then officials to which the learned Standing Counsel, Health Department submitted that certain criminal proceedings have been initiated, but the same are not progressing as required due to the indifference of some Departments. Therefore, this Court deeming it fit and proper has issued the above directions to the Chief Secretary, Government of Assam.

(ii) In view of the above analysis, this Court has not interfered with the impugned orders of removal. Consequently, in view of the removal of the petitioners from the vacant sanctioned posts, the Government may take appropriate steps for fresh recruitment. It is the opinion of this Court that if any recruitment process is initiated in respect to those posts, the petitioners would be at liberty to apply for such posts. This Court directs the Health Department of the Government of Assam to relax and/or condone the age of the petitioners in the instant batch of writ petitions, if they apply to the fresh recruitment process.

(iii) Taking into account that the petitioners have already rendered their services for which the petitioners have received salaries, the respondent Health Department shall not initiate any recovery proceedings from the Page No.# 104/104 petitioners in view of holding that the appointments of the petitioners were illegal and nonest by this Court.

94. With the above observations and directions, the instant batch of writ petitions stand disposed of.

95. A copy of the instant judgment and order be sent to the Chief Secretary of the Government of Assam for due compliance.

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