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2025 DAILYLAW 24837 (GAU)

RENU BORA SINGH AND 14 ORS v. THE UNION OF INDIA AND 3 ORS

WA/297/2024 · 2025-12-01

Michael Zothankhuma, N Unni Krishnan Nair

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC010172212024 2025:GAU-AS:16469-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/297/2024 RENU BORA SINGH AND 14 ORS C/O RUPON BORAH R/O VILLAGE NO. 1 KATHIA KHUNDA GAON, P.O.- SAPEKHATI, DISTRICT-CHARAIDEO, ASSAM, PIN-785692. 2: ARUNA BARUAH MORAN C/O KANOW MORAN R/O VILLAGE-GALEKY NA-PAM BARUOTI P.O.-NA PAM BARUATI DISTRICT-SIBSAGAR ASSAM PIN-785684. 3: LAKHIMA GOGOI C/O BHAKATRAM GOGOI VILLAGE-KHANGIA P.O.-CHEPANGANI DISTRICT-SIBSAGAR ASSAM PIN-785684. 4: PRATIVA GOGOI C/O UMACHARAN GOGOI VILLAGE-BORANGAYA P.O.-SELENGHAT DISTRICT-SIBSAGAR ASSAM PIN-785641. 5: ARUNA DUTTA C/O ANIL DUTTA VILLAGE-KHANAMUKH TINIALI P.O.-KHANAMUKH DISTRICT-SIBSAGAR ASSAM PIN-785682. Page No.# 2/5 6: NIRAMA DAS W/O MOHAN DAS R/O VILL.-BRAHMAJAN DANIGAON P.O.-BRAHMAJAN DISTRICT-BISWANATH ASSAM PIN-784172. 7: MAMONI BARUAH W/O BHOLA HAZARIKA R/O VILLAGE- CHATIAL GAON CHATIA REVENUE TOWN DISTRICT-SONITPUR ASSAM PIN-784175. 8: BULU BORA W/O DEBEN BORA R/O VILLAGE-TELIACHUK P.O.-BARANGABARI DISTRICT-SONITPUR ASSAM PIN-784172. 9: MADHURI BORA W/O SHRI CHAKRADHAR GOGAOI R/O VILLAGE-SONARIPARIA P.O.-GHAHIGAON DISTRICT-SONITPUR ASSAM PIN-784172. 10: PIYARUN NESSA LASKAR C/O IDRICH ALI LASKAR R/O VILLAGE- DABLONG GAON P.S.-LANKA DISTRICT-HOJAI ASSAM PIN-782446. 11: PHUL BAI GOUR W/O DURYODHAN GOUR R/O VILLAGE-BORHOLA P.O.-JUGIJAN DISTRICT-HOJAI ASSAM PIN-782429. 12: SANTOSHI KAUR W/O RANJIT SINGH R/O WARD NO. 4 LANKA DISTRICT-HOJAI ASSAM PIN-782446. 13: SAMALA KHATUN Page No.# 3/5 C/O ABDUL HEKIM VTC- GAYAN GAON P.O.-DHING DISTRICT-NAGAON ASSAM PIN-782123. 14: MONIFA PRODHAN C/O GHONSHYAM DAS R/O RUPAI T.E. 82 DISTRICT-TINSUKIA ASSAM PIN-786151. 15: MULESWARI BORDOLOI C/O LATE MATHESHWAR BORDOLOI VTC JOMARMUR P.O.-JUMURMUR DISTRICT-NAGAON ASSAM PIN-782427 VERSUS THE UNION OF INDIA AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA HEALTH AND FAMILY WELFARE (RURAL HEALTH DIVISION), NEW DELHI. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HEALTH AND FAMILY WELFARE (A) DEPARTMENT DISPUR GUWAHATI- 781006 ASSAM. 3:THE DIRECTOR HEALTH SERVICES (FAMILY WELFARE) ASSAM SWASTHYA BHAWAN HENGRABARI GUWAHATI- 781036 ASSAM. 4:THE COMMISSIONER SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GAUHATI- 781006 Advocate for the Petitioner : MR. H ALI, ALHAJJ I UDDIN,B BARMAN,MS S DAS Page No.# 4/5 Advocate for the Respondent : DY.S.G.I., MRS. R DEVI,SC, FINANCE,SC, HEALTH BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 02.12.2025 (M. Zothankhuma, J) Heard Mr. H. Ali, learned counsel for the appellants. Also heard Mr. D.P. Bora, learned Counsel for the Health Department and Mr. A. Chaliha, learned counsel for the Health Department. 2. The case of the appellants is that they have not been paid their monthly consolidated honorarium of Rs.900/- per month, from their date of appointment until 30th September, 2010. 3. Mr. D.P. Bora, learned Counsel for the Health Department submits that out of the 15 appellants, 4 appellants, i.e., appellant Nos.6, 7, 8 & 9 have been paid their arrear consolidated honorarium @ Rs.900/- per month from their date of appointment until 30th September, 2010. He submits that financial approval has been obtained from the Finance Department for payment of the arrears of the remaining appellants. He further submits that a ceiling proposal would be submitted by the Health Department, to the Finance Department, for payment of the arrears of the remaining appellants and as and when the said approval is given, payment will be made to the remaining appellants. 4. Mr. A. Chaliha, learned counsel appearing for the Finance Department also Page No.# 5/5 submits that the financial approval for payment of the arrears of the remaining 11 writ appellants has been given and the payments can be made by the Health Department, as and when they get approval on the ceiling proposal to be submitted by the Health Department. 5. The issue pertains to the judgment dated 23.10.2017, passed in WP(C) No.900/2013, by which the State Government was directed to pay to the appellants their arrear consolidated honorarium from the date of their appointment. As it has been stated by the respondents Counsel that payment would be made to the writ appellants shortly, we are of the view that the present writ appeal can be disposed of. 6. Accordingly, the Commissioner and Secretary to the Government of Assam, Health and Family Welfare (A) Department and the Director, Health Services (Family Welfare), Assam are directed to submit the ceiling proposal, for payment of the arrears of the remaining writ appellants, within a period of 10(ten) days from the date of receipt of a copy of this order. The Commissioner and Secretary to the Government of Assam, Finance Department shall accordingly pass necessary orders on the ceiling proposal, to enable the Health Department to make payment of the arrears to the remaining writ appellants thereafter. The entire process should be completed within a period of 1(one) month from the date of receipt of a certified copy of this order. 7. The writ appeal is accordingly disposed of. JUDGE JUDGE Comparing Assistant