Smti Ailota Kalita Vs the Union of India and 4 Ors.

THE UNION OF INDIA AND 4 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, HEALTH AND FAMILY WELFARE (RURAL HEALTH DIVISION), NIRMAN BHAWAN, RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI-110011

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2:THE STATE OF ASSAM REPRESENTED BY ITS COMMISSIONERS AND SECRETARIES TO THE GOVERNMENT OF ASSAM HEALTH AND FAMILY WELFARE (A) DEPARTMENT DISPUR GUWAHATI-781006 ASSAM

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3:THE DIRECTOR OF HEALTH SERVICES (FAMILY WELFARE) ASSAM SWASTHYA BHAWAN HENGERABARI GUWAHATI-781036 ASSAM

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4:THE SENIOR FINANCIAL ADVISER TO THE GOVERNMENT OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI-781006 ASSAM

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5:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM

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FINANCE DEPARTMENT DISPUR GUWAHATI-781006 DIST- KAMRUP (METRO) ASSA

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Advocate for the Petitioner : MR. P P BORTHAKUR, MAYUR DAS,MR. T KALITA,MS IVY HUSSAIN

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Advocate for the Respondent : DY.S.G.I., MS. S BARUAH, SC, C.G.C.,MR. P. NAYAK, SC, FINANCE,MR. D. UPAMANYU, SC, HEALTH

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BEFORE

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HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 09-12-2025

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Heard Mr. P.P. Borthakur, learned counsel for the petitioner. Also heard Mr. D.

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Upamanu, learned standing counsel, H&FW Department appearing for the respondent Nos. 2 to 4 and Mr. R. Borpujari, learned standing counsel, Finance Department, Assam appearing for the respondent No. 5.

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The petitioner in the present proceeding as prayed for a direction upon the respondent authorities for authorizing to her honorarium @ Rs. 900/- (Rupees Nine Hundred) per month since the date of her initially engagement as Female Attendant till the date honorarium @ Rs. 900/- was authorized to her by the respondent authorities. The petitioner was initially engaged as Female Attendant vide order dated 24-06-1980 on a fixed honorarium of Rs. 50/(Rupees Fifty) per month, under the scheme that was in operation at the relevant point of time. The honorarium of the petitioner during the course of her service was enhanced initially to Rs. 900/- per month and thereafter, w.e.f. October, 2010 to @ Rs. 3000/- (Rupees Three

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Thousand) till 2013, where-after the petitioner and other Female Attendants came to be discharged from their services.

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The All Assam Health Centres Female Attendants Association (in short “the Association”) had approached this Court by way of instituting writ petitions being W.P.(C) No. 900/2013, W.P.(C) No. 1810/2013 and W.P.(C) No. 4172/2014, inter-alia, praying for authorizing to the Female Attendants their wages @ Rs. 900/- per month since the date of their respective initial date of engagement.

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A Coordinate Bench of this Court proceeded to hear the above noted writ petitions filed by the Association, as well as other writ petitions instituted by similarly situated persons, analogously, and vide order dated 23-10-2017, disposed of the said writ petitions, inter-alia, directing the respondent authorities to pay the arrear honorarium of the Female Attendants @ Rs. 900/- per month w.e.f. their date of engagement till 30-09-2010.

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It is seen that in pursuance to the said judgment and order dated 23-10-2017, the respondent authorities had processed the matter and had released the honorarium in respect of the similarly situated Female Attendants who were the members of the All Assam Health Centres Female Attendants Association. The petitioner, herein, although being similarly situated and the decision of the coordinate Bench of this Court, vide the said judgment and order dated 23-10-2017, being also applicable in her case, the petitioner was not extended with the similar benefits. Accordingly, the petitioner has approached this Court by filing the present proceeding.

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I have heard the learned counsel for the parties and also perused the materials available on record.

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It is not in dispute that the petitioner, herein, had served as Female Attendant w.e.f. the date of her initial engagement in such capacity after issuance of an order dated 24-061980 with a honorarium @ Rs. 50/- per month. The honorarium authorized to the petitioner was subsequently enhanced to that of Rs. 900/- per month and w.e.f. October, 2010 the honorarium came to be enhanced to Rs. 3000/- (Rupees Three Thousand) only, till the date she was discharged from the said engagement.

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Mr. D. Upamanu, learned standing counsel, H&FW has on the basis of the instruction received by him submitted that the petitioner, herein, would also be entitled to receive her honorarium @ Rs. 900/- per month w.e.f. the date of her initial engagement in such capacity after due verification of the period of service rendered by her in the establishment, wherein, she was engaged by the respondent authorities.

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In view of the said submission and also noticing the decision of the coordinate Bench of this Court in W.P.(C) No. 900/2013 and other analogous matters, vide judgment and order dated 23-10-2017, this Court is of the considered view that the petitioner, herein, is entitled to receive her honorarium @ Rs. 900/- per month w.e.f. the date of her initial engagement as Female Attendant. Accordingly, the Director of Health & Family Welfare, Assam shall cause a verification of service particulars of the petitioner and in the event the petitioner was found to be in continuous service since the date of her initial engagement, which is projected to have occasioned in pursuance to the order dated 24-06-1980, the petitioner shall be released her honorarium @ Rs. 900/- per month w.e.f., her such engagement till the time she was paid her honorarium @ enhanced rate of Rs. 900/- per month by the respondents.

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The Director of Health & Family Welfare, Assam on receipt of the representation along

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with a certified copy of this order, from the petitioner, shall verify the service particulars of the petitioner and release to the petitioner her honorarium @ Rs. 900/- per month, w.e.f. the date of her initial engagement up-to the date, from which she was authorized honorarium @ Rs. 900/- per month, after deducting the honorarium already paid. The said exercise be completed, with the release of the arrear honorarium, determined to be receivable by the petitioner, within a period of 03 (three) months from the date of receipt of the representation from the petitioner.

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The petitioner is directed to submit a representation disclosing her service details, including the particulars of the honorarium received by her, along with a certified copy of this order, before the respondent No. 3, within a period of 15 (fifteen) days from today.

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With the above directions and observations, the present writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Smti Ailota Kalita v. the Union of India and 4 Ors.

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