Petitioners challenging closure of contractual MPW posts requested preference in future regular selection. Court closed the writ petition as service matters were resolved and directed respondent to consider grant of preference under extant norms.
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GAHC010175032016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6874/2016
RAFIQUL ISLAM KHAN and 23 ORS S/O- LOKMAN ALI, R/O VILL.- RAMPUR, P.S.- SOLAPATHAR, DIST.NAGAON, ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS THROUGH THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF HEALTH AND FAMILY WELFARE, DISPUR, GHY- 6.
Advocate for the Petitioner : MR. P BISWAS
Advocate for the Respondent :
Linked Case : WP(C)/2606/2016
DIPAK GOGOI and 23 ORS S/O. SRI KHEMESWAR GOGOI VILL. GORAMARA P.O. CHARIDUAR DIST. SONITPUR ASSAM.
VERSUS
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THE STATE OF ASSAM AND 4 ORS THROUGH THE COMM. and SECY. TO THE GOVT. OF ASSAM DEPTT. OF HEALTH and FAMILY WELFARE DISPUR GHY.-781006.
-----------Advocate for : MS.K L R YANTHAN Advocate for : ASSTT.S.G.I. appearing for THE STATE OF ASSAM AND 4 ORS
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 17.12.2021
Heard Mr. S. C. Biswas, learned counsel for the petitioners. Mr. A. Chaliha, learned Standing Counsel Health & Family Welfare Department.
Pursuant to order dated 8.12.2021 of this court Mr. Biswas submits that the petitioners are not continuing in their services. The fact remains that after 30.92014 the engagements of the contractual MPW had been discontinued and thereafter, regular sanctioned posts of MPW were created by the Health and Family Welfare department. A selection process was held for filling up such sanctioned posts that were created wherein the existing contractual employees as well as fresh candidates were allowed to participate and pursuant to such selection, the posts have been filed up. In that view of the matter nothing survives to be adjudicated in the present writ petition and this writ petition needs to be closed.
At this stage, Mr. Biswas makes a prayer that since they are having experience, when next selection is initiated, they should be given preference. This court cannot allow such a prayer. However this court can direct the respondent authority to consider the case of the
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petitioners for granting preference, if possible under the extant norms. Accordingly in terms of aforesaid observation this writ petition is closed. However, no order as to cost.
JUDGE
Comparing Assistant
Rafiqul Islam Khan and 23 Ors.
Dipak Gogoi and 23 Ors.
State of Assam and 4 Ors.
Arun Dev Choudhury
As recorded by the court registry
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