Petition challenging removal from Grade-IV service closed as infructuous because the impugned removal order was already withdrawn by the respondent authority.
Writ petition closed as infructuous; petitioners directed to reply to the show cause notice dated 16.12.2019.
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GAHC010320172019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 33/2020
1:LAKHINDER SWARGIARY AND ANR
S/O- ARUN CHANDRA SWARGIARY, R/O- VILL GOSAIHAT DOWAPARA, P.OGOSAIHAT DOWAPARA, P.S POLASHBARI, DISTRICT KAMRUP, ASSAM, PIN- 781125, ASSAM
2: MANABENDRA PATOWARY S/O- GAJENDRA PATOWARY R/O- VILL- MOUTUPURI (HOWLY P.O- HOWLY (MOUTUPURI DIST- BARPETA ASSAM PIN- 78131
VERSUS
1:THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM, DEPTT OF HEALTH AND FAMILY WELFARE, DISPUR, GUWAHATI- 781006, ASSAM
2:THE COMMISSIONER/SECRETARY TO THE GOVT OF ASSAM HEALTH AND FAMILY WELFARE DEPTT DISPUR GUWAHATI- 781006 ASSAM
3:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI- 781036 ASSAM
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4:THE JOINT DIRECTOR OF HEALTH SERVICES KAMRUP AMINGAON DIST- KAMRUP ASSAM PIN- 781031
5:THE SCREENING COMMITTEE REP. BY THE CHAIRMAN (ADDL DIRECTOR OF HEALTH SERVICES) HENGRABARI GUWAHATI- 78103
Advocate for the Petitioner : MR P SARMA
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 4.
The petitioners filed this writ petition challenging the order No. Esstt/Jt.DHS(K)/Verification/Gr.IV/Service Removal/184/2019 dated 06.01.2019 issued by the Joint Director of Health Services, Kamrup, Amingaon, Guwahati, 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, Kamrup, Amingaon, 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.
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On instruction, Mr. Borah, learned Standing counsel, Health and Family Welfare Department, submits that the impugned removal order dated 06.01.2019 of the petitioners from their services as Grade-IV employee from the establishment of Joint Director of Health Services, Kamrup, Amingaon, 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, Kamrup, Amingaon.
Comparing Assistant
Lakhinder Swargiary and Anr
The State of Assam and Ors
Manash Ranjan Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
