Shri Binay Kalita Vs the State of Assam and 5 Others

Advocate for the Petitioner : MR B D DAS, MR H K SARMA,MR J LOTHA,MR. H R DAS Advocate for the Respondent : SC, HEALTH AND F W, SC, AG (A AND E),SC, FINANCE

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BEFORE

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HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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10.03.2025

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Heard Mr. B. D. Das, learned senior counsel assisted by Mr. J. Lotha, learned counsel appearing for the writ petitioner. Also heard Mr. D. P. Borah, learned Standing Counsel, Health Department, Assam appearing on behalf of the respondent Nos.1 to 4. Mr. P. Nayak, learned Standing Counsel, Finance Department, Assam is present for the respondent No.5 and Mr. B. Chakraborty, learned counsel is present on behalf of the respondent No.6.

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The writ petitioner herein was appointed on 07.09.2002 as Librarian in the office of the P.N.O./Principal Tutor, GNM Training Center, M.M.C. Hospital, Guwahati on contractual basis for a period of six months. Since then his service has been extended from time to time and that is how he is continuing to render his duties till today. According to the writ petitioner, the Government of Assam had sanctioned several posts in the aforesaid category and accordingly, regular appointments of other similarly situated Librarians were also made. However, according to Mr. B. D. Das, learned senior counsel for the petitioner,

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not to speak of regularisation of the service of his client, even the regular salary in the post of Librarian has not been paid to the petitioner although the requisite sanction on that behalf was obtained way back in the year 2009.

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By referring to the decision of this Court rendered in the case of Md. Khalequr Rahman Vs. State of Assam and others in WP(C) No.1498/2016 dated 22.06.2022 Mr. Das submits that the case of his client is squarely covered by the judgment of this Court whereby, a direction was issued to consider similar grievance of a similarly situated Librarian and after considering his case, the authorities have passed a speaking order granting the benefit to the said employee. The learned counsel for the petitioner has further submitted that his client has already submitted a representation dated 16.11.2024 (Annexure-12) before the Commissioner & Secretary to the Government of Assam, Health and Family Welfare Department ventilating his grievance in the matter. Notwithstanding the receipt of such representation, no action has been taken in the matter till date.

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Responding to the above argument, Mr. D. P. Borah, learned Standing Counsel, Health and Family Welfare Department submits that since the petitioner has already submitted a representation on 16.11.2024 and is seeking similar benefit as extended to Md. Khalequr Rahman in terms of the Judgment and order dated 22.06.2022 passed by this Court in WP(C) No.1498/2016, he would have no objection if the writ petition is disposed of with a direction upon the concerned authorities to consider his representation and pass a speaking order therein in a time bound manner.

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Taking note of the facts and circumstances of this case and the submission made by the learned Standing Counsel for the Health Department

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appearing for the respondent Nos.1 to 4, this writ petition is being disposed of with a direction upon the respondent Nos.1/2 to consider the representation dated 16.11.2024 submitted by the petitioner and dispose of the same by issuing a speaking order, as expeditiously as possible, but not later than six weeks from the date of receipt of a certified copy of this order.

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With the above observation, the writ petition stands disposed of.

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JUDGE

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Shri Binay Kalita v. the State of Assam and 5 Others

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Shri Binay Kalita v. the State of Assam and 5 Others

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