Page No.# 1/4 GAHC010099712020 2025:GAU-AS:9802 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/303/2020 ARIFA BEGUM AND 8 ORS. W/O MD. DILUAR HUSSAIN, VILL. BALIGAON, P.O. HABIBARANGABARI, DIST. MORIGAON, ASSAM 2: DHIRESWARI DEVI W/O- SRI TARUN BORA VILL.- SANTIPUR P.O.- JOMTIRI GHAT DIST.- SONITPUR ASSAM. 3: INDUSHRE BORUAH W/O- MR. MUKUL CHETIA VILL.- NAZIRA TOWN WARD NO. 2 P.O.- NAZIRA DIST.- SIVASAGAR. 4: MINATI DEKA W/O- ADIT SAIKIA VILL- HAHSORA P.O.- BHURBANDHA DIST.- MORIGAON. 5: NAZIMA BEGUM W/O- ABDUL RAHMAN VILL.- JAJORI P.O.- BORMANIPUR DIST.- MORIGAON. 6: NIPA NEOG C/O- SRI MONUJ KR. BORUAH VILL.- MELACHOOKAR TINIALI P.O.- PHUKAN NAGAR Page No.# 2/4 DIST.- SIVASAGAR. 7: NIRUBALA DAS W/O- NIRANJAN KHATANIA VILL.- AIBHETI MUKALI GAON P.O.- ALBHETI DIST.- NAGAON. 8: PRITI CHANGMAI (GOGOI) W/O- SRI TILAK GOGOI VILL.- SIMALUGURI LAHAN GAON P.O.- SIMALUGURI DIST.- SIVASAGAR. 9: SARALA BURAGOHAIN W/O- NILUTPAL CHETIA VILL.- BETBARI LUTHURI CHETIA GAON P.O.- MITHA PUKHURI DIST.- SIVASAGAR VERSUS ANURAG GOEL AND 2 ORS. PRESENTLY WORKING AS THE COMMISSIONER AND SECRETARY, HEALTH AND FAMILY WELFARE DEPTT. DISPUR, GUWAHATI-6 2:SAMIR KUMAR SINHA THE PRINCIPAL SECRETARY FINANCE DEPTT. DISPUR GUWAHATI-6 3:MANINDRA NATH NATE PRESENTLY WORKING AS I/C DIRECTOR OF HEALTH SERVICE (FW) ASSAM HENGRABARI GUWAHATI-3 Advocate for the Petitioner : MR. S K BARKATAKI, MS M DAS,MS B SHARMA,MR D K NATH Advocate for the Respondent : MR. D UPAMANYA, Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 30.07.2025 Heard Mr. D.K. Nath, learned counsel for the petitioners. Also heard Mr. D. Upamanyu, learned Standing Counsel, Health & Family Welfare Department. 2. By way of this petition under Sections 11 & 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, the petitioners are assailing the non-compliance of the Order dated 15.02.2019 passed in WP(C) No. 257/2014 by the Hon’ble Single Bench of this Hon’ble Court, whereby the respondents were directed to examine whether the petitioners are working in a sanctioned post or not by giving opportunity to the petitioners and the same was directed to be done within a period of 3 (three) months from the date of receipt of certified copy of the writ petition. 3. Apt at the outset to refer to the relevant portion of the Order dated 15.02.2019, which reads as hereunder:- “6. This Court vide Order dated 08.08.2017 directed the petitioners to file an additional affidavit to substantiate their claim that they are working in a sanctioned post but however, such affidavit has not filed till date. Be that as it may, since the entire claim of the petitioner depends on the question as to whether they are working in a sanctioned post or not, the same can very well be verified by the Department by giving opportunity to the petitioners. Therefore, instead of keeping the matter pending any longer, the writ petition is disposed of with a direction to the respondent Nos. 2 & 4 to examine the case of the petitioners and verify as to whether their case is covered by the Office Memorandum dated 27.06.2013. 7. To facilitate such examination, the petitioners shall cooperate with the Page No.# 4/4 respondent Nos. 2 & 4 as and when they are called upon and they will be at liberty to produce all such documents in support of their claim. The respondent Nos. 2 & 4 upon examining the claim of the petitioners and after hearing them shall pass a speaking order within a period of 3 (three) months from the date of receipt of the certified copy of this writ petition. 8. The writ petition is accordingly disposed of. No cost.” 4. Mr. D. Upamanyu, learned Standing Counsel, Health & Family Welfare Department has placed before this Court a copy of the letter dated 04.11.2020, which appears to have been issued by the respondent No. 4 in terms of the directions contained in the Order dated 15.02.2019 passed in WP(C) No. 257/2014. 5. That being so, nothing survives for adjudication in the contempt proceedings. 6. Accordingly, the Contempt Petition stands closed. 7. A copy of the letter dated 04.11.2020 is kept on record and marked as ‘X’. 8. It is needless to be clarified that the petitioners are at liberty to raise their grievance as regards the merit of the letter dated 04.11.2020 in the appropriate forum, if advised so. JUDGE Comparing Assistant