Partly allowed

Champak Kumar Bhagawati and 8 Ors. v. the Union of India and 3 Ors.

Gauhati HC5 Mar 2019I.A.(Civil)/575/2019

Case brief

AI extract

What is this about?

The Gauhati High Court modified an earlier interim order to stay an impugned inter-district transfer of a Multi Purpose Health Worker, maintaining status quo to ensure local service compliance and uniformity with previous judgments.

What did the court decide?

Prior order dated 7.2.2019 modified by staying the impugned transfer order dated 28.1.2019.

Champak Kumar Bhagawati and 8 Ors. Vs the… — Public Procurement and Tenders | Gauhati HC (2019)

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Page No.# 1/7

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GAHC010031102019

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

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Case No. : I.A.(Civil) 575/2019

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1:CHAMPAK KUMAR BHAGAWATI AND 8 ORS. S/O LT. PRATAP CH BHAGAWATI R/O VILL- NORTH KAITHALKHUCHI P.O. KAITHALKUCHI, DIST. NALBARI, ASSAM PIN - 781370

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2: DIPJYOTI BHUYAN S/O LATE DHARINADHAR BHUYAN R/O VILL- KHARJARA P.O. GOPAL BAZAR DIST. NALBARI ASSAM PIN - 781353.

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3: NAYANJYOTI DEKA S/O GOPESWAR DEKA R/O VILL- BALLILECHA P.O. BALLILECHA DIST. NALBARI ASSAM PIN - 781334.

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4: SONMANI KALITA S/O BHABEN KALITA R/O VILL- TILANA P.O. MUGKUCHI DIST.NALBARI ASSAM PIN - 781334.

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5: BASISTHA SARMA S/O REBATI SARMA

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Page No.# 2/7

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R/O VILL- LOHARJHAR (BARKULHATI) P.O. KALAG DIST. NALBARI ASSAM PIN - 781351.

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6: RUPJYOTI DEKA S/O PRAN DEKA R/O VILL- BHAGHMARA P.O. GHOGRAPAR DIST. NALBARI ASSAM PIN - 781369

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7: HEMANGA DUTTA S/O DINESH DUTTA R/O VILL- BALIKURIA P.O. BALIKURIA DIST. NALBARI ASSAM

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PIN - 781341.

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8: KISHORE TALUKDAR S/O BASANTA KR. TALUKDAR R/O VILL- CHAMATA P.O. CHAMATA DIST. NALBARI ASSAM

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PIN - 781306.

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9: HIMANGSHU BHAGABATI C/O JAYANTA BARPUJARI R/O VILL- 2 NO. MATHGARIA P.O. NOONMATI DIST. KAMRUP (M) ASSAM PIN 781020

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VERSUS

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1:THE UNION OF INDIA AND 3 ORS.

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REP. BY THE SECRETARY, MINISTRY AND HEALTH AND FAMILY WELFARE

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GOVT. OF INDIA, NIRMAN BHAWAN, NEW DELHI-110001.

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2:THE STATE OF ASSAM

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI - 781006.

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3:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI - 781036.

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4:SRI SAURAV TALUKDAR ADDRESS MISHAMARI SUB-CENTRE GOHPUR BLOCK PHC (BPHC) DISTRICT- SONITPUR ASSAM PIN- 784168

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Advocate for the Petitioner : MR. K N CHOUDHURY

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Advocate for the Respondent : ASSTT.S.G.I.

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Linked Case : WP(C) 846/2019

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1:CHAMPAK KUMAR BHAGAWATI AND 8 ORS. S/O LT. PRATAP CH BHAGAWATI R/O VILL- NORTH KAITHALKHUCHI P.O. KAITHALKUCHI DIST. NALBARI ASSAM PIN - 781370

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2: DIPJYOTI BHUYAN S/O LATE DHARINADHAR BHUYAN R/O VILL- KHARJARA P.O. GOPAL BAZAR DIST. NALBARI ASSAM PIN - 781353.

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3: NAYANJYOTI DEKA

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S/O GOPESWAR DEKA R/O VILL- BALLILECHA P.O. BALLILECHA DIST. NALBARI ASSAM PIN - 781334.

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4: SONMANI KALITA S/O BHABEN KALITA R/O VILL- TILANA P.O. MUGKUCHI DIST.NALBARI ASSAM PIN - 781334.

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5: BASISTHA SARMA S/O REBATI SARMA R/O VILL- LOHARJHAR (BARKULHATI) P.O. KALAG

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DIST. NALBARI ASSAM PIN - 781351. 6: RUPJYOTI DEKA S/O PRAN DEKA R/O VILL- BHAGHMARA P.O. GHOGRAPAR DIST. NALBARI ASSAM PIN - 781369

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7: HEMANGA DUTTA S/O DINESH DUTTA R/O VILL- BALIKURIA P.O. BALIKURIA DIST. NALBARI ASSAM PIN - 781341.

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8: KISHORE TALUKDAR S/O BASANTA KR. TALUKDAR R/O VILL- CHAMATA P.O. CHAMATA DIST. NALBARI ASSAM PIN - 781306.

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9: HIMANGSHU BHAGABATI C/O JAYANTA BARPUJARI R/O VILL- 2 NO. MATHGARIA P.O. NOONMATI DIST. KAMRUP (M) ASSAM PIN 781020. VERSUS

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1:THE UNION OF INDIA AND 3 ORS. REP. BY THE SECRETARY MINISTRY AND HEALTH AND FAMILY WELFARE GOVT. OF INDIA NIRMAN BHAWAN NEW DELHI-110001.

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2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM

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HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI - 781006.

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3:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI - 781036.

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4:SRI SAURAV TALUKDAR ADDRESS MISHAMARI SUB-CENTRE GOHPUR BLOCK PHC (BPHC) DISTRICT- SONITPUR ASSAM PIN- 784168.

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Advocate for the Petitioner : MR. K N CHOUDHURY Advocate for the Respondent : ASSTT.S.G.I.

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IA(C) 575/2019

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In WP(C) 846/2019

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BEFORE

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HON’BLE MR. JUSTICE N. KOTISWAR SINGH

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05.03.2019

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Heard Mr. KN Choudhury, learned Senior counsel assisted by Mr. R Sarma, learned counsel for the applicants. Also heard Mr. B Gogoi, learned Standing Counsel, Health for respondent Nos.2 and 3.

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The present application has been filed for passing an order modifying the earlier order dated 7.2.2019 by which this Court directed to maintain the status quo as regards the place of posting of petitioner No.1.

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It has been submitted that inspite of this order, the petitioner has not been allowed to remain in his place of posting at Meruattary Sub Centre under Mukalmua Block PHC. It has been submitted that another writ petition where similar issue was involved, where the employee had been transferred to another district, this Court had stayed the order inspite of the State Counsel submitting that the other employee/private respondent, who had been transferred, might have been released and joined the new place of posting. This Court observed that since the transfer order is against and in violation of the own policy of the authorities, the impugned transfer order would be liable to be stayed and accordingly, stayed the same.

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It has been submitted that the similar order may be passed.

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Mr. Gogoi, learned Standing Counsel, Health, however, submits that in the present case, private respondent has already joined on 1.2.2019 and as such, the impugned transfer order may not be stayed.

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The guidelines for Multi Purpose Health Workers (Male) 2010 issued by the Government of India, Ministry of Health and Family Welfare Nirman Bhawan, New Delhi, which are also followed in the State of Assam, make it very clear that an applicant for the said post should be residents of any of the villages within the Gram Panchayat and in the event of nonavailability of such local candidates, the applicants from any of the villages in the adjoining Gram Panchayat and failing which from the block may be considered in that order.

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Further, the state authorities also issued two Office Memorandum on 2.1.2019 in which it has been stated that services of Multi Purpose Worker (Male) are transferrable from one sub-centre to another sub-centre in the interest of public service. As such, it has been submitted by the learned counsel for the applicant that it is clearly evident that there is no provision for transferring the Multi Purpose Workers (Male) from one district to another district though the same is permissible from one sub-centre to another sub-centre. However, by transferring the petitioner to another district, the entire purpose and the intent of the

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scheme has been defeated, by which only a local person who is known locally in the subcentre is given the opportunity to serve the local people.

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In that view of the matter, the earlier interim order passed on 7.2.2019 is modified by staying the impugned transfer order dated 28.1.2019 as passed in WP(C) 663/2019 (Annexure-D to the application) which also will maintain uniformity in orders passed by this Court.

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The present interlocutory application accordingly stands disposed of.

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JUDGE

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Comparing Assistant

Champak Kumar Bhagawati and 8 Ors. v. the Union of India and 3 Ors.

Case brief

What is this about?

What did the court decide?

Champak Kumar Bhagawati and 8 Ors. v. the Union of India and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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