Page No.# 1/6 GAHC010002532020 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/461/2020 AKID HUSSAIN AND 2 ORS. S/O NAZRUL HOQUE, VILL. BHATIPARA, P.O. GOALPARA, P.S. AND DIST. GOALPARA, ASSAM,PIN-783101 2: ABU AKKAS S/O SERAJ UDDIN SHEIKH VILL. GOSSAIDUBI HINDU PARA P.O. GOURNAGAR GOALPARA DIST. GOALPARA ASSAM PIN-783121 3: MOAZZEN HUSSAIN S/O MAHMUD HUSSAIN VILL. BHATIPARA P.O. GAOLPARA P.S. GOALPARA ASSAM PIN-78310 VERSUS THE STATE OF ASSAM AND 4 ORS. REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE (A) DEPTT. DISPUR, GUWAHATI-6 2:THE SECRETARY TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE (A) DEPTT. DISPUR GUWAHATI-781006 3:THE DIRECTOR OF HEALTH SERVICES ASSAM Page No.# 2/6 HENGRABARI GUWAHATI-781036 4:THE JOINT DIRECTOR OF HEALTH SERVICES GOALPARA ASSAM-783101 5:THE SCREENING COMMITTEE REP. BY THE CHAIRMAN (ADDL. DIRECTOR OF HEALTH SERVICES) HANGRABARI GUWAHATI-3 Advocate for the Petitioner : MR N DUTTA, MS N CHATTERJEE,H M ALI,MR. M B ISLAM,MR. R ALI Advocate for the Respondent : SC, HEALTH, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 18.02.2026 Heard Mr. R Ali, learned counsel for the petitioner. Also heard Mr. A Chaliha, learned Standing Counsel, Finance. 2. The claim of the petitioners is that an advertisement was issued on 03.01.2005 by the Joint Director of Health Services, Goalpara for filling up 70 Nos. of Grade—IV post under the establishment of Joint Director of Health Services, Goalpara in the pay scale of Rs.2450-3670 per month plus other allowances as admissible under the Rules. It is the case of the petitioners that on the basis of the said advertisement, the petitioners applied and were issued respective appointment orders. Upon being issued the appointment orders, they joined their services and continued to render their services. The pay scale has been revised from time to time with all service benefit and was paid to the petitioners. Page No.# 3/6 3. The Secretary to the Government of Assam, Health and Family Welfare Department vide letter dated 27.03.2017 directed the Director of Health Services, Assam to release the salaries of 953 Surveillance Workers and also directed to start process for scrutiny of other posts under the establishment of Health Department so as to verify the genuineness of the employees. Accordingly, the Director of Health Services, Assam constituted a Screening committee directed all Joint Directors to appear before the Screening committee with all relevant documents. Thereafter, the Joint Director of Health Services, Goalpara had directed the Grade-IV staff to appear before the Screening Committee at the office of Director of Health Services, Assam, Hengrabari along with their appointment letters, transfer order etc wherein the petitioners had appeared in the Screening Committee as directed. 4. The Director of Health Services, Assam vide order dated 19.07.2017 again directed the Joint Director of Health services to appear before the Screening committee with staff and all the relevant records along with office seal. The Joint Director of Health Services, Goalpara was also appeared before the Director of Health Services, with all the documents as sought for. The petitioners also appeared before the Screening Committee along with all the relevant documents as directed by the authority. The Joint Director of the Health Services, Goalpara had also submitted the list of genuine Grade-IV staff including the petitioners but the same has not been considered. 5. The Director of Health Services again issued letter dated 17.02.2018 intimated the Joint Director that all the documents so submitted before the Screening Committee, were found to be doubtful and the Joint Director were directed to issue show cause notices to the respective employees of Grade-IV. Thereafter the Joint Director of Health Services, Goalpara on 28.02.2018 issued Page No.# 4/6 show cause notices to all the petitioners and the petitioners filed their respective replies. The petitioners again appeared before the Screening committee and produced all the relevant documents. The Director of the Health Services published an order on 27.04.2018 in the local daily newspaper “Niyomiya Barta”, contending that the documents of the Petitioners are not genuine and as such were directed to report to the office of the Director of Health Services to prove their genuineness, failing which necessary steps will be initiated as per the Rules. Finding no alternative, the Petitioners along with others had approached this Court by filing Writ petitions being W.P(C) No. 3046/2018 and this Court vide order dated 18.05.2017 had observed that if anyone is found to be non- genuine amongst the serving person, the authorities must however indicate the precise deficiency and afford opportunity to the affected employee before any adverse action is taken. Thereafter the petitioners again appeared before the Screening committee and had submitted all the documents. The Director of Health Services, Assam thereafter issued letter dated 06.06.2019, intimated that the appointment of the petitioners have been found to be fake, and as such, the Joint Director was directed to issue show cause notices to the petitioners to show cause as to why they shall not be removed from the services. The Joint Director of Health Services, Goalpara had issued the Show cause notices dated 13.06.2019 to the petitioners which was challenged before this Court by way of a Writ Petition bearing W.P(C) No W.P(C) No. 4133/2019 and the writ petition was disposed vide order dated 31.07.2019. Thereafter the Director of Health Services, Assam issued the impugned letter dated 01.8.2019 directed the Joint Director of Health Services, Goalpara to issue fresh show cause notices indicating the specific deficiencies i.e that the persons who were appointed by the Joint Director of Health Services, Goalpara without DHS, Assam approval Page No.# 5/6 and SIU approval from Government. Accordingly the Joint Director of Health Services, Goalpara had issued the impugned show cause notice dated 31.08.2019 to the petitioners, and the Petitioners submitted their replies to impugned show cause notices, and also appeared in the hearing. The Director of Health Services, Assam issued the impugned letter dated 22.10.2019 to remove the petitioners from their services immediately. On the basis of said letter, the Joint Director of Health Services, Goalpara had issued the impugned order dated 28.10.2019 removing the Petitioners from their services. Being aggrieved, the present writ petition has been filed. 6. The learned counsel for the parties submits that this writ petition stands covered by the Judgment and order dated 30.01.2026 passed in W.A No. 428/2023. In the said Writ Appeal, the Division Bench allowed the appeal and the W.P(C) No. 1931/2020 and other connected writ petitions vide Judgment and Order dated 29.09.2023 stood interfered with and the terminations orders issued against the appellants are quashed. The writ appeal was disposed of with the following directions: “91. To summarise, the constitutional position that thus emerges is clear and admits of little ambiguity. Where appointments to public posts are made pursuant to public advertisements and the recruitment process initiated by the State against existing vacancies, and the appointees have served for long and uninterrupted periods without any allegation of fraud or misrepresentation, such appointments cannot be treated as nullities merely on account of administrative or procedural lapses attributable to the employer. After the extraction of a prolonged service, the State is constitutionally restrained from undoing its own acts to the grave detriment of the employees situated at the lowest ranks of service, more particularly, when there is no allegation of fraud or manipulation and admittedly, appointments were made after a selection process. 92. For the aforesaid reasons, we are unable to sustain the action of the State Government and the judgment of the learned Single Judge. 93. The appeals are accordingly allowed. The common judgment and order dated 29.09.2023, passed by the learned single judge is interfered with. The termination orders issued against the appellants are quashed. Page No.# 6/6 94. The appellants shall be reinstated in service with continuity of service for all notional purposes, including seniority and pensionery benefits as per Rules. However, balancing the equities and bearing in mind the public exchequer, the appellants shall not be entitled to back wages for the interregnum period. 95. The respondent shall give effect to this judgment within a period of eight weeks from the date of receipt of a certified copy of this judgment. There shall be no order as to cost.” 7. Since the parties are agreed that this issue raised in the present writ petition stand covered by the Division Bench Judgment passed in W.A No.428/2023 vide Judgment and Order dated 30.01.2026 accordingly, the writ petition is also stands allowed in term of the Judgment and Order dated 30.01.2026 passed by the Division Bench of this Court. 8. The impugned orders of terminations dated 28.10.2019 stands interfered with. The writ petitioners will be forthwith reinstated in service with continuity of service for all notional purposes including seniority and pensionery benefits as per Rules. However, they shall not be entitled to back wages for the interregnum period. 9. The writ petition accordingly stands allowed and disposed of in terms of the above. 10. This order passed today shall be given effect from the same date on which the order in W.A. No. 428/2023 is directed to be given effect. JUDGE Comparing Assistant