ETTEHAD ALAM AND 17 ORS v. THE STATE OF ASSAM AND 4 ORS
WA/24/2026 · 2026-04-21
Arun Dev Choudhury
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4734 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4734 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/8 GAHC010156922024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/24/2026 ETTEHAD ALAM AND 17 ORS S/O AMIRUL HUSSAIN, R/O 174, AGIA ROAD, OLD CIVIL HOSPITAL, NARAPARA, BHATIAPARA, GOALPARA, GOALPARA, BALIJAN, ASSAM, PIN-783101, DIST- GOALPARA. 2: SADHANA DAS D/O- LT. RAMESH DAS R/O- CIVIL HOSPITAL BHALUKDUBI GOALPARA BHALUKDUBI ASSAM PIN-783101 DIST-GOALPARA 3: SANTOSH SARKAR S/O- SUNIL CH SARKAR R/O- 54 JHARPARA PT II BONGAIGAON ASSAM PIN- 783384. DIST-BONGAIGAON 4: ABDUL HAI C/O-ABDUL KHALEK R/O- KATILATARI AMBARI GOALPARA ASSAM PIN-783129 DIST-GOALPARA 5: BINBAHADUR PRADHAN C/O-LALBAHADUR PRADHAN
Page No.# 2/8 R/O- BAPUJINAGAR BHALUKDUBI GOALPARA GOALPARA ASSAM PIN-783101 DIST-GOALPARA 6: ASIM CHOUDHURY C/O- GOBINDA CHOUDHARY R/O-VILL- JAIL ROAD NEAR BARPETA BARPETA BARPETA ASSAM PIN-781301 DIST- BARPETA 7: NILIM PATOWARY S/O- AKAN PATOWARY R/O- NEAR BARPETA JAIL TOWN WARD NO-20 BARPETA BARPETA ASSAM PIN-781301 DIST- BARPETA 8: ALTAF UDDIN AHMED C/O-DERAJUDDIN AHMED R/O- NEAR BAKURPARA BHATIPARA GOALPARA ASSAM PIN-783101 DIST-GOALPARA 9: NAKUL DAS C/O-KHOKARAM DAS R/O- NIJSATRA PUR GOALPARA ASSAM PIN-783101 DIST-GOALPARA 10: SIDDHARTHA SANKAR DAS C/O-KRISHNA RANJAN DAS R/O- 2 NO. COLONY
Page No.# 3/8 BHATIPARA GOALPARA ASSAM PIN-783101 DIST-GOALPARA 11: AMIT RAY C/O-PULUKA NANDA RAY R/O-VILL. BAPUJINAGAR BALADMARI CHAR PT-I GOALPARA ASSAM PIN-783121 DIST-GOALPARA 12: UJJAL KANTI SARKAR C/O-CHITRA RANJAN SARKAR R/O- GOALPARA TOWN WARD NO.1 PS-GOALPARA BHATIPARA GOALPARA ASSAM PIN-783101 DIST-GOALPARA 13: PINTU GHOSH C/O- PRATAP GHOSH R/O- PACHAGARH DIST. KOKRAJHAR ASSAM PIN-783345.DIST-KOKRAJHAR 14: TOFINUR AHMED C/O-SHAHDULLAH R/O- GOALPARA WARD NO.11 BHATIPARA GOALPARA ASSAM PIN-783101 DIST-GOALPARA 15: RIJU AHMED C/O-ASADULLAH R/O-H.NO. 341 K P ROAD NEAR M K N HIGH SCHOOL BHATIPARA GOALPARA
Page No.# 4/8 ASSAM PIN-783101. DIST-GOALPARA 16: AZIZUL HOQUE C/O-MERAJ ALI R/O- GOALPARA WARD NO.10 BHATIPARA GOALPARA ASSAM PIN-783101. DIST-GOALPARA 17: ABU AKKAS S/O-SERAJ UDDIN SHEIKH R/O- VILL. GOSSAIDUBI HINDUPARA PO GOURNAGAR GOALPARA ASSAM PIN-783132. DIST-GOALPARA 18: GAUTAM GHOSH S/O- LT. KAMINI KUMAR GHOSH R/O- 288 GOALTULI ROAD WARD NO. 6 NEAR HOLY YOUTH CLUB BHATIPARA GOALPARA GOALPARA ASSAM PIN-783101. DIST-GOALPAR VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE(A) DEPARTMENT, DISPUR, GUWAHATI, ASSAM-781006.
2:THE SECRETARY TO THE GOVERNMENT OF ASSAM HEALTH AND FAMILY WELFARE(A) DEPARTMENT GUWAHATI ASSAM- 781006 3:THE DIRECTOR OF HEALTH SERVICES HENGRABARI GUWAHATI ASSAM- 781006
Page No.# 5/8 4:THE JOINT DIRECTOR HEALTH SERVICES GOALPARA GUWAHATI-781036 KAMRUP ASSAM 5:THE SCREENING COMMITTEE REPRESENTED BY THE CHAIRMAN (ADDITIONAL DIRECTOR OF HEALTH SERVICES) HANGARBARI GUWAHATI ASSAM-78103 Advocate for the Petitioner : MR. R MAZUMDAR, MRS P RAI,MS T WAPANGLA,MR. R DEKA,MR. D GOGOI,S BORPUJARI Advocate for the Respondent : SC, HEALTH,
BEFORE HONOURABLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
22-04-2026 (A. D. Choudhury, J)
1. We have heard Mr. D. Gogoi, learned counsel appearing for the appellants and Mr. B. Gogoi, learned Additional Advocate General, Assam, representing the Health and Family Welfare Department, Assam.
2. The present Intra-court Appeal challenges the common judgment & order dated 29.09.2023, passed in WP(C) No. 8220/2019 and in the other connected writ petitions.
3. The appellants were appointed as Grade-IV employees in pursuance of the advertisement dated 03.01.2005 against substantive
Page No.# 6/8 vacancies under the Joint Director, Health Services, Goalpara. They continued to serve until their services were terminated in 2019. All these appellants were terminated from their services, and the termination was challenged before the learned Single Judge.
4. The learned Single Judge upheld the termination under the impugned judgment.
5. Similarly, aggrieved writ petitioners whose services were terminated challenge the termination in WP(C) No. 8220/2019 and other connected writ petitions, and, having such challenge negated, approached this Court by preferring WA No. 428/2023 and other connected appeals. Such appeals were allowed by this Court under its common judgment and order dated 30.01.2026.
6. Mr. D. Gogoi, learned counsel for the appellants, and Mr. B. Gogoi, learned Additional Advocate General, Assam, representing the respondents, submit that the present appeal is squarely covered by the aforenoted common judgment and order dated 30.01.2026 and accordingly, the instant appeal may also be disposed of in terms of the aforesaid common judgment and order dated 30.01.2026.
7. We have heard the learned Counsel for the parties.
8. Under the aforesaid common judgment and order dated 30.01.2026, passed in WA No. 428/2023 and other connected appeals, this Court at paragraph Nos. 92, 93, 94 & 95 made the following determination and issued the following directions :
“92. For the aforesaid reasons, we are unable to sustain the action of the State Government and the
judgment of the learned Single Judge.
93. The appeals are accordingly allowed. The
Page No.# 7/8 common judgment and order dated 29.09.2023, passed by the learned Single Judge, is interfered with. The termination orders issued against the appellants are quashed.
94. The appellants shall be reinstated in service with continuity of service for all notional purposes, including seniority and pensionary benefits as per the Rules. However, balancing the equities and bearing in mind the public exchequer, the appellants shall not be entitled to back wages for the interregnum period.
95. The respondent shall give effect to this
judgment within a period of eight weeks from the date of receipt of a certified copy of this order. There shall be no order as to cost.”
9. We have perused the aforesaid common judgment and order dated 30.01.2026 and also the facts pleaded in the present case.
10. Having considered the above, this Court is of the opinion that the direction issued in WA No. 428/2023 and other connected appeals under the common judgment and order dated 30.01.2026 shall cover the present appeal.
11. Accordingly, the instant appeal stands disposed of in terms of the direction issued in WA No. 428/2023 and other connected appeals, as quoted hereinabove.
JUDGE CHIEF JUSTICE
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