Page No.# 1/4 GAHC010101992025 2025:GAU-AS:12794 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2673/2025 DR HALIM REZA S/O DR MOHAMMED MASOOM R/O VILL MAZUMDAR BAZAR PO TARAPUR PS SILCHAR DIST CACHAR ASSAM PIN 788003 VERSUS THE STATE OF ASSAM AND 5 OTHERS REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, MEDICAL EDUCATION AND RESEARCH DEPARTMENT, GUWAHATI, ASSAM 2:THE SECRETARY TO THE GOVT OF ASSAM MEDICAL EDUCATION AND RESEARCH DEPTT DISPUR GUWAHATI 6 3:THE ADDITIONAL SECRETARY TO THE GOVT OF ASSAM MEDICAL EDUCATION AND RESEARCH DEPTT DISPUR GUWAHATI 6 4:THE DIRECTOR OF MEDICAL EDUCATION ASSAM SIXMILE KHANAPARA GUWAHATI 22 KAMRUP METRO ASSAM 5:THE PRINCIPAL CUM CHIEF SUPERINTENDENT GAUHATI MEDICAL COLLEGE AND HOSPITAL GUWAHATI BHANGARH GUWAHATI 5 DIST KAMRUP METRO ASSAM 6:INTERNAL COMPLAINTS COMMITTEE OF SEXUAL HARASSMENT OF WOMEN AT WORKPLCE PREVENTION PROHIBITION AND REDRESSAL ACT 2013 OF GAUHATI MEDICAL COLLEGE AND HOSPITAL REP BY ITE CHARIMA Page No.# 2/4 Advocate for the Petitioner : MR. J I BORBHUIYA, MR. L MOHAN Advocate for the Respondent : SC, HEALTH, BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 17.09.2025 Heard Mr. J. I. Borbhuiya, learned counsel appearing for the petitioner. Also heard Mr. D. Upamanyu, learned standing counsel appearing for the Health Department, Assam. 2. By way of this petition under Article 226 of the Constitution of India, the petitioner is seeking direction, inter-alia, to the respondent authority to forthwith release the last pay certificate as well as release order of the petitioner from Guwahati Medical College and Hospital, Guwahati, so as to enable the petitioner to get the salary slip from the Office of the Accountant General, Assam, Bamunimoidam, Guwahati, to get his arrear salaries with effect from 29.01.2024 to till the date of his resignation. 3. The brief facts of the case are that the respondent authority, by order dated 18.01.2024, had revoked the suspension order of the petitioner and thereby transferred and posted the petitioner as Registrar, Department of Pediatrics, Fakaruddin Ali Ahmed Medical College and Hospital, Barpeta, from Guwahati Medical College and Hospital, Guwahati, following which the petitioner had joined in his aforesaid place of posting on 29.01.2024, and since thereafter, the petitioner had rendered his service up to August, 2024. Thereafter, the Page No.# 3/4 petitioner was transferred by order dated 19.08.2024 and posted as Registrar, Department of Pediatrics, Diphu Medical College and Hospital against the vacant post. 4. It is the specific case of the petitioner that though the respondent authority, by way of order of revocation dated 18.01.2024, had transferred and posted the petitioner as Registrar, Department of Pediatrics, Fakaruddin Ali Ahmed Medical College and Hospital, Barpeta, the respondent authorities had neither issued release order for the petitioner from Guwahati Medical College and Hospital nor issued last pay certificate for the petitioner from Guwahati Medical College and Hospital, Guwahati, for which the petitioner, despite rendering his service at the medical college and hospital, had been deprived of getting his salary with effect from 29.01.2024. 5. It is the further case of the petitioner that despite several representations, no action has been taken by the respondent authority for issuing the last pay certificate as well as the release order thereof, as a consequence of which the petitioner has not been paid salary from the date of joining the said Fakaruddin Ali Ahmed Medical College and Hospital, Barpeta, till the date of his resignation. Situated thus, the present writ petition has been filed. 6. Mr. J. I. Borbhuiya, learned counsel appearing for the petitioner, submits that despite the representations filed by the petitioner, which are enclosed as Annexure-23-A, 23-B and 23-C respectively, to the respondent authority, the requisite release order and last pay certificate from Guwahati Medical College and Hospital, Guwahati, have not been issued by the respondents, failing which he has been Page No.# 4/4 deprived of his legitimate salaries. 7. Mr. D. Upamanyu, learned standing counsel appearing for the Health Department, Assam, submits that the petitioner has not applied before the Guwahati Medical College and Hospital, i.e., respondent No.5, for which the last release order and last pay certificate as sought for in the writ petition have not been issued till date to the petitioner. 8. Having heard the learned counsel appearing for the parties and also having perused the material available on record, it appears that the reason for not issuing the release order and the last pay certificate as sought for in the writ petition is due to the application not having been filed by the petitioner before the competent authority, i.e, respondent No.5. 9. That being so, I am of the considered view that this writ petition, in the interest of justice, can be disposed of by directing the petitioner to file the representation/application afresh before the respondent No.5 with all relevant documents and as and when the same is filed before the respondent No.5, the respondent No.5 shall do the needful in accordance with law within a period of 15 (fifteen) days from the date of receipt of such application. 10. Ordered accordingly. 11. Accordingly, the writ petition stands disposed of. JUDGE Comparing Assistant