Page No.# 1/13 GAHC040010972024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/361/2024 Dr. Kime Hachang and 6 Ors Contractual Dental Surgeon and presently posted at Primary Health Centre, Talo, Lower Subansiri 2: Dr. Jempo Taiju Age: Occupation : Contractual Dental Surgeon and presently posted at District Hospital Changlang. 3: Dr. Tomnya Abho Age: Occupation : Contractual Dental Surgeon and presently posted at District Hospital Khonsa. 4: Dr. Binta Haider @ Picha Age: Occupation : Contractual Dental Surgeon and presently posted at Community Health Centre Doimukh Papumpare District. 5: Dr. Dakter Basar Tasso Age: Occupation : Contractual Dental Surgeon and presently posted at District Hospital Basar Leparada District. 6: Dr. Durbo Tayeng Age: Occupation : Page No.# 2/13 Contractual Dental Surgeon and presently posted at Community Health Centre Parbuk Lower Dibang Valley. 7: Dr. Gitum Romin Age: Occupation : Contractual Dental Surgeon and presently posted at Community Health Centre Jairampur Changlan VERSUS The State of AP and 3 Ors represented by the Commissioner, Department of Health and Family Welfare, Govt of Arunachal Pradesh, Itanagar 2:The Director Age: 0 Occupation : Department of Health and Family Welfare Govt of Arunachal Pradesh Naharlagun. 3:The Arunachal Pradesh Public Service Commission Age: 0 Occupation : represented by the Secretary APPSC Itanagar 4:The Secretary (Administrative Reforms) Age: 0 Occupation : Govt of Arunachal Pradesh Block No.4 4th Floor Civil Secretariat Itanagar 79111 Advocate for the Petitioner : Tony Pertin, T Mize,Eddie Payeng,H K Jamoh Advocate for the Respondent : Taba Tagum, GA (AP),S/C APPSC,Ajin Apang, Sr. Advocate,SC (Health and Family) Page No.# 3/13 Linked Case : WP(C)/328/2024 Dr.Ogam Taggu Age: 46 Occupation : Address:Daughter of Shri Talong Taggu presently serving as Contractual Junior Dental Surgeon under the Department of Health and Family Welfare and posted at Community Health Centre Pangin Siang District Arunachal Pradesh VERSUS The State of AP and 3 Ors Age: 0 Occupation : Address:represented by the Commissioner Department of Health and Family Welfare Govt of Arunachal Pradesh Itanagar 2:The Director Age: 0 Occupation : Address:Department of Health and Family Welfare Govt of Arunachal Pradesh Naharlagun 3:The APPSC Age: 0 Occupation : Address:represented by its Secretary D Sector Itanagar 4:The Secretary (Administrative Reforms) Age: 0 Occupation : Address:Govt of Arunachal Pradesh Block No.4 4th Floor Civil Secretariat Itanagar 791111 ------------ Advocate for : Tony Pertin Page No.# 4/13 Advocate for : Taba Tagum appearing for The State of AP and 3 Ors: Advocate , appearing for 2, 3, 4, respectively. Linked Case : WP(C)/391/2024 Taba Yayu and 5 Ors Age: 35 Occupation : Address:Daughter of Shri Taba Taz Contractual Medical Officer (Homeopathy) under the Department of Health and Family Welfare and posted at C/o District medical Officer Papumpare District Yupia PO Doimukh 2: Dr Lily Darang GDMO Age: 35 Occupation : Address:presently serving as Contractual Medical Officer (Homeopathy) under the Department of Health and Family Welfare and posted at C/o District Medical Officer East Siang District Pasighat PO Pasighat Arunachal Pradesh. 3: Tope Ete GDMO Age: 36 Occupation : Address:presently serving as Contractual Medical Officer (Homeopathy) under the Department of Health and Family Welfare and posted at C/o District Medical Officer West Siang District Aalo PO Aalo Arunachal Pradesh. 4: Matwang Ago GDMO Age: 34 Occupation : Address:presently serving as Contractual Medical Officer (Homeopathy) under the Department of Health and Family Welfare and posted at C/o District Medical Officer Tirap District Khonsa PO Khonsa Page No.# 5/13 Arunachal Pradesh. 5: Dr. Navajyoti Doley GDMO Age: 43 Occupation : Address:presently serving as Contractual Medical Officer (Homeopathy) under the Department of Health and Family Welfare and posted at C/o District Medical Officer Bomdila PO Bomdila West Kameng District Arunachal Pradesh. 6: Dr.Pankaj Das GDMO Age: 53 Occupation : Address:presently serving as Contractual Medical Officer (Homeopathy) under the Department of Health and Family Welfare and posted at C/o District Medical Officer Anjaw Hawai PO Hawai Arunachal Pradesh. VERSUS The State of AP and 3 Ors Age: 0 Occupation : Address:represented by the Commissioner Department of Health and Family Welfare Govt of Arunachal Pradesh Itanagar. 2:The Director Age: 0 Occupation : Address:Department of Health and Family Welfare Govt of Arunachal Pradesh Naharlagun. 3:The Arunachal Pradesh Public Service Commission Age: 0 Occupation : Address:represented by the Secretary APPSC Itanagar Page No.# 6/13 4:The Secretary (Administrative Reforms) Age: 0 Occupation : Address:Govt of Arunachal Pradesh Block No.4 4th Floor Civil Secretariat Itanagar 791111 ------------ Advocate for : Jumgam Jini Advocate for : Taba Tagum appearing for The State of AP and 3 Ors: Advocate , appearing for 2, 3, 4, respectively. Linked Case : WP(C)/321/2024 Dr. Ogam Taggu Age: 46 Occupation : Address:Daughter of Shri Talong Taggu presently serving as Contractual Junior Dental Surgeon under the Department of Health and Family Welfare and posted at Community Health Centre Pangin Siang District Arunachal Pradesh VERSUS The State of AP and 2 Ors Age: 0 Occupation : Address:represented by the Commissioner Department of Health and Family Welfare Govt of Arunachal Pradesh Itanagar 2:The Director Age: 0 Occupation : Address:Department of Health and Family Welfare Govt of Arunachal Pradesh Naharlagun 3:The Secretary (Administrative Reforms) Age: 0 Occupation : Page No.# 7/13 Address:Govt of Arunachal Pradesh Block No.4 4th Floor Civil Secretariat Itanagar 791111 ------------ Advocate for : Tony Pertin Advocate for : Taba Tagum appearing for The State of AP and 2 Ors: Advocate , appearing for 2, 3, respectively. Linked Case : WP(C)/384/2024 Riknya Lombi and 15 Ors Age: 37 Occupation : Address:Contractual Health Assistant (Jr) and presently posted at District Hospital Basar Leparada District. 2: Joram Budh Age: 39 Occupation : Address:Contractual Health Assistant (Jr) and presently posted at DMO Office Yazali Keyi Panyor District. Arunachal Pradesh. 3: Tailang Narang Age: 41 Occupation : Address:Contractual Health Assistant (Jr) and presently posted at DMO Office Yupia Papumpare District. Arunachal Pradesh. 4: Taw Nallo Age: 38 Occupation : Address:Contractual Health Assistant (Jr) and presently posted at DMO Office Upper Subansiri District Daporijo Arunachal Pradesh. 5: Chalung Tisi Age: 33 Occupation : Address:Contractual Health Assistant (Jr) and presently posted at PHC Taksing Page No.# 8/13 Upper Subansiri District. Arunachal Pradesh. 6: Tai Ngomle Age: 33 Occupation : Address:Contractual Health Assistant (Jr) and presently posted at Office of T and DH Daporijo Upper Subansiri District. Arunachal Pradesh. 7: Prafulla Kutum Age: 45 Occupation : Address:Contractual Health Assistant (Jr) and presently posted at Primary Health Center Dipa Lower Siang District Arunachal Pradesh. 8: Ms Mamung Dulley Age: 35 Occupation : Address:Contractual Health Assistant (Jr) and presently posted at TRIHMS Naharlagun Papumpare District Arunachal Pradesh. 9: Tai Opin Age: 31 Occupation : Address:Contractual Health Assistant (Jr) and presently posted at Jollang Sub-center Itanagar Papumpare District Arunachal Pradesh. 10: Doli Doji Age: 31 Occupation : Address:Contractual Health Assistant (Jr) and presently posted at Primary Health Center Jote Itanagar Papumpare District Arunachal Pradesh. 11: Thupten Sange Age: 41 Occupation : Page No.# 9/13 Address:Contractual Health Assistant (Jr) and presently posted at DMO Office Bomdila West Kameng District Arunachal Pradesh. 12: Ripe HAider Age: 41 Occupation : Address:Contractual Health Assistant (Jr) and presently posted at DMO Office Daporijo Upper Subansiri District Arunachal Pradesh. 13: Gejum Potom Age: 34 Occupation : Address:Contractual Health Assistant (Jr) and presently posted at DMO Office Lohit District Tezu Arunachal Pradesh. 14: Lasseng Gamju Singpho Age: 42 Occupation : Address:Contractual Health Assistant (Jr) and presently posted at Community Health Center Namsai Namsai District Arunachal Pradesh. 15: Ms Tatok Darang Age: 42 Occupation : Address:Contractual Health Assistant (Jr) and presently posted at DMO Office Boleng Siang District Arunachal Pradesh. 16: Pema Siboh Age: 42 Occupation : Address:Contractual Health Assistant (Jr) and presently posted at DMO Office Upper Siang District Arunachal Pradesh. VERSUS The State of AP and 3 Ors Page No.# 10/13 Age: 0 Occupation : Address:represented by the Commissioner Department of Health and Family Welfare Govt of Arunachal Pradesh Itanagar. 2:The Director Age: 0 Occupation : Address:Department of Health and Family Welfare Govt of Arunachal Pradesh Naharlagun. 3:The Arunachal Pradesh Staff Selection Board Age: 0 Occupation : Address:represented by the Secretary APSSB Itanagar. 4:The Secretary (Administrative Reforms) Age: 0 Occupation : Address:Govt of Arunachal Pradesh Block No.4 4th Floor Civil Secretariat Itanagar 791111 ------------ Advocate for : Tony Pertin Advocate for : Taba Tagum appearing for The State of AP and 3 Ors: Advocate , appearing for 2, 3, 4, respectively. BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER Date : 04-02-2025 The issue raised in this bunch of writ petitions is with regularization of the services of the petitioners who were all recruited on contractual basis in the National Rural Health Mission (hereinafter the NRHM). The petitioners are Page No.# 11/13 Dentist/Dental Surgeon, Health Assistant and Homeopathic doctors. 2. As per the facts projected in broad terms, the NRHM had initiated recruitment process in the State of Arunachal Pradesh through the Arunachal Pradesh State Health Society. Thereafter, the State had adopted the State Health Policy of 2010 wherein the provision was made to regularize the officers and staffs appointed under the NRHM, as per availability of the sanctioned posts and seniority, after which the regularization was to be undertaken. In fact, few of the incumbents had already got the benefits of such regularization and it was the petitioners who were left out. It also transpires that on the issue of regularization a Cabinet decision was taken on 21.05.2021, pursuant to which, vide order dated 01.07.2021, a Committee was constituted to examine all cases for absorption/regularization of the services as a one-time measure of those employees who are working on temporary/ contractual/contingency in the various government departments. The said Committee was to be headed by the Chief Secretary as the Chairman. 3. It is the case of the petitioners that though sufficient time had elapsed from constitution of the Committee, the cases of the petitioners have not been taken into consideration and the petitioners were also not aware as to the development which had taken place. 4. Under those conditions, the writ petitions have been filed for an appropriate direction. 5. I have heard Shri T. Pertin, learned counsel for the petitioners in WP(C) No. 361 (AP) of 2024, WP(C) No. 321 (AP) of 2024, WP(C) No. 328 (AP) of 2024, WP(C) No. 384 (AP) of 2024 and Shri J. Jini, learned counsel for the petitioners in WP(C) No. 391 (AP) of 2024. I have also heard Shri S. Tapin, learned Senior Page No.# 12/13 Government Advocate, Arunachal Pradesh, Shri R. Koyu, learned counsel appearing on instruction of Shri T. Tagum, learned standing counsel for the Health Department and Ms. N. Anju, learned counsel appearing for APPSC. 6. Before going deep into the factual aspects and the issue involved, Shri Tapin, the learned State counsel has informed that though the Committee was constituted on the aforesaid aspect vide order, dated 01.07.2021. By drawing the attention of the order dated 01.07.2021 and the order itself would reveal the involvement of many departments. He has also informed that in view of the law laid down by the Hon’ble Supreme Court in the case of Umadevi (3) Vs. State of Karnataka reported in (2006) 4 SCC 1, the opinion of the Law Department and other concerned departments were taken and in this process some time was consumed and accordingly, after getting the approval, the Committee would be sitting within a short time. 7. Learned counsel appearing for the other respondents have endorsed the submissions of the learned State counsel. 8. At this stage, Shri Pertin, learned counsel has submitted that in so far as WP(C) Nos. 321 and 328 of 2024 are concerned, though the persons just above petitioners were given the benefits of regularization, for reasons not disclosed, the petitioners were not given the said benefit at that time, in spite of vacancies being there. 9. In support of his arguments, Shri Pertin, the learned counsel for the petitioners has referred to a decision of a Division Bench this Court in the case of Gyamar Gagung and Others Vs. State of Arunachal Pradesh and Others reported in 2020 (1) GLT 216 wherein the aspect of equality in terms of giving benefit in service was taken into consideration. Page No.# 13/13 10. Be that as it may, in view of the submissions made by the learned State counsel that the Committee which was constituted on 01.07.2021 will now sit and act in terms of the same by examining the cases relating to absorption/regularization of services, this Court is of the view that there may not be any further grievances of the petitioners. It is, however, directed that since sufficient time has elapsed from the date of constitution of the Committee, the exercise be done in an expeditious manner and preferably within an outer limit of 6 (six) months from today. 11. The cases of the petitioners in WP(C) Nos. 321 and 328 of 2024, who have been stated to be left out would also be considered by the said Committee while making a decision. 12. Since the petitioners’ services pertain to the Health Department, the necessary forwarding of the cases of the petitioners be made by the Health Department before the Committee to facilitate their consideration. 13. It is needless to state that any individual grievances, which may arise out of such consideration, can be raised before the appropriate forum. 14. All the writ petitions, accordingly, stands disposed of JUDGE Comparing Assistant