Held: Petition declared infructuous as the impugned removal order was withdrawn. Directs petitioners to reply to the pending show cause notice.
Petition closed as infructuous; petitioners directed to reply to show cause notice.
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.
Page No.# 1/3
GAHC010001912020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 108/2020
1:RITISH CHANDRA NATH AND 2 ORS.
S/O- LATE KHIRODE NATH, R/O- WARD NO. 13, HAILAKANDI, P.O AND DIST- HAILAKANDI, PIN- 788151, ASSAM
2: PRITISH NATH S/O- LATE GURU PRASAD NATH R/O- WARD NO. 15 P.O LAKSHMI SAHAR DIST- HAILAKANDI ASSAM PIN- 788152
3: BISWAJIT NATH S/O- SRI JASANANDAN NATH R/O- KALINAGAR P.O- KADAMTAL DIST- KARIMGANJ ASSAM PIN- 78816
VERSUS
1:THE STATE OF ASSAM AND 4 ORS
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM, DEPTT OF HEALTH AND FAMILY WELFARE, DISPUR, GUWAHATI- 781006, ASSAM
2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM HEALTH AND FAMILY WELFARE DEPTT DISPUR GUWAHATI- 781006 ASSAM
Page No.# 2/3
3:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI- 781036 ASSAM
4:THE JOINT DIRECTOR OF HEALTH SERVICES HAILAKANDI DIST- HAILAKANDI- 788151
5:THE SCREENING COMMITTEE REP. BY THE CHAIRMAN (ADDL DIRECTOR OF HEALTH SERVICES) HENGRABARI GUWAHATI- 78103
Advocate for the Petitioner : MR R P SHARMA
Advocate for the Respondent : SC, HEALTH
BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
Date : 10-01-2020
Heard Mr. R. P. Sarma, learned Senior counsel, assisted by Mr. P. N. Sharma, learned counsel for the petitioners and Mr. D. P. Borah, learned Standing Counsel, Health and Family Welfare Department for all the respondent Nos. 1 to 5.
The petitioners filed this writ petition challenging the order No. HS/HKD/Esstt/Gr-IV/2019 dated 25.11.2019 issued by the Joint Director of Health Services, Hailakandi, whereby the petitioners were removed from their services.
The petitioners contended that their such removal from service as Grade-IV employee under the establishment of Joint Director of Health Services, Hailakandi, was in violation of the directive of the Court passed earlier on 18.05.2018 and 25.05.2018 in WP(C) Nos. 3846/2018, 3051/2018 and 3350/2018 as well as the orders dated 31.07.2019 passed in WP(C) Nos. 4167/2019 and 4247/2019.
Page No.# 3/3
On instruction, Mr. Borah, learned Standing counsel, Health and Family Welfare Department, submits that the impugned removal order dated 25.11.2019 of the petitioners from their services as Grade-IV employee from the establishment of Joint Director of Health Services, Hailakandi, has already been withdrawn.
In view of the above, this writ petition, being infructuous, stands closed.
However, the petitioners shall reply to the show cause notice dated 16.12.2019 issued by the Joint Director of Health Services, Hailakandi.
Comparing Assistant
Ritish Chandra Nath and 2 ors.
The State of Assam
Manash Ranjan Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
