Disposed

The State of Assam and 11 Ors. v. Ajit Buragohain and 70 Ors.

Gauhati HC22 May 2018WA/232/2017

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of an intra-court appeal against a direction to pay salary. The court did not decide the appeal on merit, remanded the matter to the Single Judge to decide the writ petition on an early date, and maintained an existing stay on the payment direction.

What did the court decide?

The appeal was disposed of without deciding on merit. The matter was remanded to the Single Judge for early disposal of the writ petition, and the existing stay on the salary payment direction was mai

The State of Assam and 11 Ors. Vs Ajit… — Pension and Retirement Benefits | Gauhati HC (2018)

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GAHC010138332017

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

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Case No. : WA 232/2017

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1:THE STATE OF ASSAM and 11 ORS

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REPRESENTED BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPTT., DISPUR, GUWAHATI-6

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VERSUS

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1:AJIT BURAGOHAIN and 70 ORS

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S/O UPEN BURAGOHAIN, JIBAN PHUKAN NAGAR, P.O.C.R. BUILDING, DIBRUGARH, PIN 781001

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Advocate for the Petitioner : MR.B GOGOI

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Advocate for the Respondent : MR.B P BORAH

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BEFORE

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HON’BLE THE CHIEF JUSTICE MR. AJIT SINGH HON’BLE MR. JUSTICE SUMAN SHYAM

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22.5.2018

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(Ajit Singh, C.J.)

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Mr.R Dhar, learned Additional Senior Government Advocate, Assam and Ms.N Bordoloi, learned counsel for the appellants.

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Mr.BP Borah, learned counsel for the respondents.

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This intra court appeal is directed against the order dated 24.7.2017 passed by the learned Single Judge of this High Court in WP(C) 4341/2017, whereby he has directed the

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appellants to pay salary to the respondents from January, 2017 to June, 2017.

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According to the respondents, they were working as Surveillance Workers under the Joint Director of Health Services, Dibrugarh since 2010-2011 and their services have been terminated vide order dated 30.6.2017 issued by the Joint Director of Health Services, Dibrugarh. The respondents also claim that they have not been paid their salary from January, 2017 to June,2017. Aggrieved, they have filed WP(C) No.4341/2017 for quashing of their termination orders and payment of salary.

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In the writ petition, the respondents, by an interim relief, also prayed that appellants be directed to pay them their salary from January, 2017 to June, 2017.

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On 24.7.2017, when the writ petition came up for hearing, the learned Senior Additional Advocate General, Assam submitted before the learned Single Judge that the respondents were fake appointees and their appointments were made without any sanctioned post and selection process, in connivance with some officers of the Health Department.

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The learned Single Judge, on that day, by the impugned order, has issued notice in the writ petition as well as for hearing on interim relief. The learned Single Judge, however, has also directed the appellants to make payment of salary to the respondents from January, 2017 to June, 2017. It is against this direction, the appellants have filed the present appeal.

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It is to be noted that vide order dated 8.9.2017, the direction of the learned Single Judge against the appellants to pay salary to the respondents from January, 2017 to June, 2017 was stayed after hearing the respective counsel of both appellants and respondents.

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This being the situation, we, instead of deciding the appeal on merit, finally dispose it of with a request to the learned Single Judge to hear and decide the writ petition itself, on an early date. We also direct the appellants to immediately file affidavit-in-opposition in the writ petition. Needless to mention that till the final decision of the writ petition, the stay order dated 8.9.2017 passed in the writ appeal shall continue.

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JUDGE CHIEF JUSTICE

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Comparing Assistant

The State of Assam and 11 Ors. v. Ajit Buragohain and 70 Ors.

Case brief

What is this about?

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The State of Assam and 11 Ors. v. Ajit Buragohain and 70 Ors.

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