In this writ petition regarding the die-in-harness scheme, the High Court held that the impugned speaking order was consequential to a prior SLC decision. The petitioner was granted liberty to challenge the prior rejection order before this Court.
Petitioner granted liberty to challenge the prior SLC decision rejecting his claim.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010013662019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 618/2019
1:DIGANTA BARKATAKI
S/O.- LT. LALIT CHANDRA BARKATAKI, R/O.- VILLAGE AMULAPATTY, P.O.TIACHALI, P.S.- NAGAON SADAR, DIST.- NAGAON, ASSAM, PIN- 782001.
VERSUS
1:THE STATE OF ASSAM AND 6 ORS.
REP. BY THE COMMISSIONER AND SECRETARY CUM ADDL. MEMBER OF THE STATE LEVEL COMMITTEE TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPTT., DISPUR, GUWAHATI- 781006, ASSAM.
2:THE DIRECTOR OF HEALTH SERVICES (HEALTH AND FAMILY WELFARE) ASSAM HENGRABARI GUWAHATI- 781036 ASSAM.
3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPTT. OF FINANCE DISPUR GUWAHATI-781006.
4:THE CHAIRMAN STATE LEVEL COMMITTEE (SLC) FOR APPOINTMENT ON COMPASSIONATE GROUND DISPUR GUWAHATI- 781006 ASSAM.
5:THE DEPUTY COMMISSIONER
CUM CHAIRMAN DISTRICT LEVEL COMMITTEE ON COMPASSIONATE
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GROUND NAGAON DIST.- NAGAON ASSAM.
6:THE ADDITIONAL CHIEF MEDICAL AND HEALTH OFFICER (FW) NAGAON DIST.- NAGAON ASSAM PIN- 782001.
7:THE MEDICAL SUPERINTENDENT BHUGESHWARI PHUKANANI CIVIL HOSPITAL NAGAON DIST.- NAGAON ASSAM PIN- 782001
Advocate for the Petitioner : ALHAJJ INAM UDDIN
Advocate for the Respondent : SC, HEALTH
BEFORE HONOURABLE MR. JUSTICE N. KOTISWAR SINGH
ORDER
Date : 09-05-2019
Heard Mr. Alhaji Inam Uddin, learned counsel for the petitioner. Also heard Mr. B. Gogoi, learned standing counsel for the Health Department as well as Mr. P. Nayak, learned standing counsel for the Finance Department.
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JUDGE
Comparing Assistant
1 issue framed by the court
Whether the speaking order rejecting the petitioner's appointment claim is maintainable when it is merely a consequent of a prior State Level Committee decision.
Diganta Barkataki
The State of Assam
The Director of Health Services
The Chairman State Level Committee
N. Kotiswar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
