BIJAYA LAHON AND 16 ORS. v. THE STATE OF ASSAM AND 21 ORS.
WP(C)/7216/2021 · 2025-05-01
Soumitra Saikia
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 19783 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 19783 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/8 GAHC010218032021
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7216/2021 BIJAYA LAHON AND 16 ORS. C/O- MUNIN GOGOI R/O-RAJGARH SARASWATI PHARMACHY, P.O- RAJGARH, DIST- DIBRUGARH, ASSAM. 2: DEBA BALA TAMULI C/O- BRAJEN DUTTA VILL- RANGAIHABI GAON P.O CHALIHA PIN-785004
DIST- JORHAT ASSAM 3: DEVA PROVA PHUKON NEOG C/O- DR ANANADA NEOG R/O- SAMANNAY PATH
JAIL ROAD DIST- JORHAT 4: JUNALI CHUTIA C/O- RAHUL KUMAR DUTTA TENGAKHAT MODEL HOSPITAL
DIST- DIBRUGARH PIN-786103 5: HEMA PRAVA HAZARIKA C/O- HARESWAR DAS TEOK TELIA GAON P.O- TEOK DIST- JORHAT
Page No.# 2/8 PIN-785112 6: LABANYA DEVI C/O- HARAKANTA DEKA VILL- MORIGAON
P.O- MORIGAON PIN-782105 7: PANCHAMI DEKA D/O- LATE LAKHIRAM DEKA VILL-CHENIGAON P.O- GORESWAR DIST- BAKSA ASSAM 8: GUNAKANTI GOHAIN C/O- DR. AMULYA KUMAR HAZARIKA ANANDA NAGAR BYE LANE-3
PRAGJYOTISH APARTMENT
DIST- KAMRUP 9: MINARBHA DAS C/O- ARJUN THAKURIA HENGRABARI LICHUBAGAN P.O- HENGRABARI DIST- KAMRUP 10: ARUNA SAIKIA GMCH P.O- INDRAPUR
DIST- KAMRUP ASSAM 11: NAMITA PATHAK W/O- MOTILALA DAS VILL- GANDHI NAGAR P.O- BARPETA
DIST- BARPETA ASSAM 12: UPASANA SAIKIA C/O-SANJAY DEKA
Page No.# 3/8 VILL- RADHAKUCHI P.O- KARARA
P.S-BAIHATA CHARIALI
DIST- KAMRUP ASSAM 13: SUWALA DEKA C/O- DIPAK DAS VILL- BARBARI VIP ROAD SHIV NAGAR
P.O-- UDAYAN VIHAR DIST- KAMRUP ASSAM 14: PABITRA DEKA W/O- DEBEN KALITA R/O- SHIVALIK ENCLAVE
BRINDABAN PATH RUPNAGAR GHY 15: NIRALA DEKA C/O- RAJANI KANTA DEKA VILL- RUPNAGAR NEAR L.P SCHOOL
P.O- INDRAPUR
P.S- PLATAN BAZAR DIST- KAMRUP(M) 16: KAJEK INGTIPI C/O- LATE STEPHEN KILLING HAMREN CIVIL HOSPITAL
P.O- HAMREN PIN-782486
DIST- KARBIANGLONG 17: MONOROMA SONOWAL C/O- UDDHAB CHANDRA NATH R/O- NEAR ISKCON TEMPLE
VILL- RONGTHENG-A
Page No.# 4/8
P.O- DIPHU ASSAM KARBIANGLONG VERSUS THE STATE OF ASSAM AND 21 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE(A) DEPARTMENT, DISPUR, GUWAHATI--781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HEALTH AND FAMILY WELFARE(A) DEPTT. DISPUR
GUWAHATI--781006 3:THE SECRETARY TO THE GOVERNMENT OF ASSAM HEALTH AND FAMILY WELFARE(A) DEPARTMENT DISPUR
GUWAHATI--781006 4:THE DIRECTOR OF HEALTH SERVICES SERVICES (NURSING) HENGRABARI
GUWAHATI ASSAM 5:THE JOINT DIRECTOR OF HEALTH SERVICES (NURSING) HENGRABARI
GUWAHATI ASSAM 6:ALL ASSAM GRADUATE NURSES ASSOCIATION HAVING ITS REGISTERED OFFICE AT RUKMININI GAON NABARATNA PATH. 7:SMTI JUNU SARMA W/O- SRI NIRANJAN SARMA R/O- RUKMINI GAON
Page No.# 5/8 NABARATNA PATH
HOUSE NO-4 P.O- KHANPARA GUWAHATI- 781022 DISTRICT- KAMRUP(M).
8:GEETANJALI KALITA MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION OFFICE AT RUKMINIGAON NABARATNA PATH GUWAHATI KAMRUP (M) PIN- 781022. 9:DEBONJANI NEOG MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION OFFICE AT RUKMINIGAON NABARATNA PATH GUWAHATI KAMRUP (M) PIN- 781022. 10:MERAWATI DEVI MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION OFFICE AT RUKMINIGAON NABARATNA PATH GUWAHATI KAMRUP (M) PIN- 781022. 11:SONU RONGPI MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION OFFICE AT RUKMINIGAON NABARATNA PATH GUWAHATI KAMRUP (M) PIN- 781022. 12:MAMANI BALIMARIA MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION OFFICE AT RUKMINIGAON NABARATNA PATH GUWAHATI KAMRUP (M) PIN- 781022. 13:MRIDULI RONGHAPI MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION OFFICE AT RUKMINIGAON NABARATNA PATH GUWAHATI
Page No.# 6/8 KAMRUP (M) PIN- 781022. 14:ANJU THAKURIA MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION OFFICE AT RUKMINIGAON NABARATNA PATH GUWAHATI KAMRUP (M) PIN- 781022. 15:GRAU LALMISANG MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION OFFICE AT RUKMINIGAON NABARATNA PATH GUWAHATI KAMRUP (M) PIN- 781022. 16:HIRUMONI PAIT MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION OFFICE AT RUKMINIGAON NABARATNA PATH GUWAHATI KAMRUP (M) PIN- 781022. 17:ANU SAIKIA MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION OFFICE AT RUKMINIGAON NABARATNA PATH GUWAHATI KAMRUP (M) PIN- 781022. 18:MAMITA DUTTA MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION OFFICE AT RUKMINIGAON NABARATNA PATH GUWAHATI KAMRUP (M) PIN- 781022. 19:RIJUMONI GOGOI MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION OFFICE AT RUKMINIGAON NABARATNA PATH GUWAHATI KAMRUP (M) PIN- 781022. 20:REKHA BORAH MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION OFFICE AT RUKMINIGAON NABARATNA PATH
Page No.# 7/8 GUWAHATI KAMRUP (M) PIN- 781022. 21:POLY SAIKIA MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION OFFICE AT RUKMINIGAON NABARATNA PATH GUWAHATI KAMRUP (M) PIN- 781022. 22:LINA BORGOHAIN MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION OFFICE AT RUKMINIGAON NABARATNA PATH GUWAHATI KAMRUP (M) PIN- 781022. 23:SHOVE ROY MEMBER OF ALL ASSAM GRADUATE NURSE ASSOCIATION OFFICE AT RUKMINIGAON NABARATNA PATH GUWAHATI KAMRUP (M) PIN- 781022 Advocate for the Petitioner : MR B P BORAH, MR.
P K GOSWAMI,MR R S RONGHANG,MR P J DUTTA Advocate for the Respondent : SC, HEALTH AND F W, MS S PATOWARY(R7, 8,12,14,16,9,11,22,13,21,20,19,18),MR R SINGHA (R7, 8,12,14,16,9,11,22,13,21,20,19,18),MR. U K NAIR (R7),MR R SINGHA (FOR CAVEATOR)
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 02.05
.2025 Mr. B.P. Borah, learned counsel appears for the petitioners. Mr. R. Singha, learned counsel appears for the respondent Nos. 7 to 9, 11 to 14, 16, 18 to 22. Mr. D.P. Bora, learned Standing Counsel appears for the Health and Family
Page No.# 8/8 Welfare Department. The learned counsel for the parties have submitted before the Court that similar issues have already been decided by the Co-ordinate Bench in WP(C) No. 2940/2021 & WP(C) No. 6006/2021 by judgment and order dated 21.03.2025. Both these writ petitions being WP(C) No. 2940/2021 & WP(C) No. 6006/2021 were being disposed of on the ground that since the petitioners and private respondents had already been promoted to the rank of Assistant Matron, the issue of seniority in the Sister Tutor cadre was deemed inconsequential. However, taking into account the petitioners’ concern regarding future promotion to the rank of Matron, the Court directed that the Gradation List for Assistant Matrons must be prepared strictly in accordance with law and that any future promotional exercises must be conducted in full compliance with the Assam Nursing Services Rules, 1991, particularly adhering to the procedures prescribed therein. In view of the above and in view of the consent of the parties before this Court, this writ petition stands closed directing the authorities to prepare the Gradation List for the rank of Assistant Matron strictly in accordance with law and if the Department undertakes a decision for further promotion, the same shall be done strictly in accordance of law and particularly by following the prescription of the Assam Nursing Rules of 1991. Accordingly, this writ petition stands disposed of in terms of the above. JUDGE Comparing Assistant