Page No.# 1/5 GAHC010153142025 2025:GAU-AS:10349 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4125/2025 M/S OMEGA SECURITY SOLUTION AND ANR HAVING ITS REGISTERED OFFICE AT 55 FC ROAD UZANBAZAR GUWAHATI 1 ASSAM REP HEREIN BY THE AUTHORIZED SIGNTORY AND ITS PARTNER SRI BIDYUT KALITA VERSUS THE STATE OF ASSAM AND ORS REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM HEALTH AND FAMILY WELFARE DEPTT ASSAM SACHIVALAYA DISPUR GUWAHATI 781006 2:PRINCIPAL CUM CHIEF SUPERINTENDENT KOKRAJHAR MEDICAL COLLEGE AND HOSPITAL KOKRAJHAR PO RANGLIKHATA DIST KOKRAJHAR BTR ASSA For the petitioner (s) : Mr. S. Borthakur, Advocate For the respondent (s) : Mr. D. Upamanyu, SC, Health BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 06.08.2025 Heard Mr. S. Borthakur, the learned counsel appearing on behalf of the petitioners and Mr. D. Upamanyu, the learned Page No.# 2/5 counsel who appears on behalf of the Health Department of the Government of Assam. 2. The petitioners herein are aggrieved by the non-payment of the dues for the months of March and April, 2025 inspite of the contractual conditions whereby the petitioners would be required to initially defray the cost from its own resources which would be reimbursed by the respondent authorities. 3. In pursuance to the notice issued by this Court on 25.07.2025, Mr. D. Upamanyu, the learned counsel appearing on behalf of the respondent Health Department has produced an instruction dated 29.07.2025 which being relevant is reproduced herein under:- ”GOVERNMENT OF ASSAM OFFICE OF THE PRINCIPAL CUM-CHIEF SUPERINTENDENT KOKRAJHAR MEDICAL COLLEGE AND HOSPITAL, KOKRAJHAR E-Mail: kokrajharmch@gmail.com NO. KMCH/P-3/2025/217 Dtd. Kokrajhar, the 29th July 2025 To, Santana Sarma Standing Counsel Medical Education & Research Department, Assam Sub: Payment to Omega Security Solutions. Madam, With reference to the subject cited above, I would like to put forward the following few lines for favour of your kind information and appraisal to the Hon'ble High Court. Page No.# 3/5 A) Payment for the month of March 2025 i.e. Rs. 13,63,748 will be paid to by 07/08/2025. B) Payment for the month of April 2025 i.e. Rs. 13,56,975 will be paid by 15/08/2025. C) The bills for the months of May & June 2025 are yet to be submitted to the college authority. Here, I would like to draw your attention to the fact that as per contract agreement, the vendor 'Omega Security Solutions' is to pay the remuneration to their security guards within the first week of each month and then submit the bill for it along with proof of paying EPF/GPF to the office. But they have not complied with this process and the guards working at KMCH are yet to receive their monthly remuneration for the months of May and June 2025 till date which is hampering the security situation at KMCH. Principal Cum-Chief Superintendent, Kokrajhar Medical College & Hospital, Kokrajhar, Assam” 4. From a perusal of the contents of the communication dated 29.07.2025, it is seen that the Principal-Cum-Chief Superintendent, Kokrajhar Medical College & Hospital had given a commitment that the payment for the month of March, 2025 of an amount of Rs.13,63,748/- would be paid by 07.08.2025. In respect to the payment for the month of April, 2025, an amount of Rs.13,56,975/- would be paid by 15.08.2025. The said communication dated 29.07.2025 shall be deemed to be an undertaking given to this Court by the respondent No.2 to the Page No.# 4/5 present proceedings. 5. This Court further makes the communication dated 29.07.2025 as a part of the record and marked it with the letter “X”. 6. Mr. S. Borthakur, the learned counsel for the petitioners submitted that though the bills have not been submitted for the months of May and June, 2025, however, appropriate directions may be issued to the respondent authorities to regularly make payment in terms with the contractual conditions. 7. This Court has duly taken note of the said submission as well as the contractual conditions which stipulates that the petitioners herein would first make the payment and thereupon, the same would be reimbursed. 8. It is the opinion of this Court that if the petitioners duly submit the necessary documents and bills, the respondent authorities are contractually obligated to do so. It is observed that in the circumstance there is a failure on the part of the respondents, the petitioners would be at liberty to approach this Court. 9. In view of the above undertaking so given and the observations and directions passed herein above, this Court Page No.# 5/5 closes the instant writ petition. JUDGE Comparing Assistant