PRAMOD KAKATI AND ORS v. THE STATE OF ASSAM AND ORS
WP(C)/2408/2026 · 2026-05-07
N Unni Krishnan Nair
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 5944 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5944 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/12 GAHC010088242026
2026:GAU-AS:6351
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2408/2026 PRAMOD KAKATI AND ORS S/O-LATE THULAI KAKATI A RESIDENT OF VILL-DEWRI GAON P.O-DEWRI GAON, P.S-NAGAON SADAR, DIST-NAGAON (ASSAM) PIN-782144 2: RIDIP DEWRI S/O-LATE PUSPENDRA DEWRI A RESIDENT OF VILL -LATHABORI P.O- HATICHUNG P.S-RAHA DIST-NAGAON ASSAM PIN-782142 3: SARAT CHANDRA BORA S/O-LATE GOLOK CHANDRA BORA A RESIDENT OF VILL -KALONGPAR HALOWA GAON P.O- KALONGPAR HALOWA GAON P.S-RUPOHIHAT DIST-NAGAON ASSAM PIN-782141 4: ARPANA SAIKIA W/O-PADMA KANTA SAIKIA A RESIDENT OF VILL -KALONGPAR HALOWA GAON P.O- KALONGPAR HALOWA GAON P.S-RUPOHIHAT DIST-NAGAON ASSAM PIN-782141 5: KUNDAN BASFOR
Page No.# 2/12 S/O-LATE CHANARDIP BASFOR A RESIDENT OF VILL -SAMAGURI BAZAR P.O- SAMAGURI P.S-SAMAGURI DIST-NAGAON ASSAM PIN-782140 6: PADUM SAIKIA S/O-SANTI RAM SAIKIA A RESIDENT OF VILL -MAKHANGAON P.O- BORPANI P.S-KACHUA DIST-NAGAON ASSAM 7: DIPTI MUKTIAR S/O-MATUL MUKTIAR A RESIDENT OF VILL -NH 37 TAMPUL P.O- NIZ BHELOGURI P.S-SAMAGURI DIST-NAGAON (ASSAM) 8: JALAL UDDIN S/O-RAHMAT ALI A RESIDENT OF VILL -KHOLIHAMARI P.O- SIBASTHAN P.S-SAMAGURI DIST-NAGAON ASSAM 9: BINITA KAKATI D/O-THULAI KAKATI A RESIDENT OF VILL -DEWRIGAON P.O- DEWRIGAON P.S-NAGAON SADAR DIST-NAGAON ASSAM 10: AMARJYOTI GOGOI S/O-BHUGESHWAR GOGOI A RESIDENT OF VILL -CHAPANALA P.O- CHAPANALA P.S-SAMAGURI
Page No.# 3/12 DIST-NAGAON ASSAM 11: ABDUR RASHID S/O-MD.
SURUJ ALI A RESIDENT OF VILL -NO.2 BHATIAKHALI P.O- KATHPARA P.S-RUPOHIHAT DIST-NAGAON ASSAM PIN-782120 12: SUMAN BASFOR S/O-LATE RAJKUMAR BASFOR A RESIDENT OF VILL -JURIA THIOTANGONI P.O- JURIA P.S-RUPOHIHAT DIST-NAGAON ASSAM 13: HIBJUR RAHMAN S/O-JABED ALI A RESIDENT OF VILL -JENGONI P.O- JENGONI P.S-DHING DIST-NAGAON (ASSAM 14: PADMA BORAH S/O-SOMESWAR BORAH A RESIDENT OF VILL -MAJ-JAJORI P.O-MAJGAON P.S-JAJORI DIST-NAGAON ASSAM PIN-782142 15: MAMONI MECH D/O-TANKESHAR MECH A RESIDENT OF VILL -BORKONDOLI (KACHUBASTI) P.O- NIBUKALI P.S-NAGAON SADAR DIST-NAGAON ASSAM 16: JAYEDA BEGUM W/O-OHED ALI A RESIDENT OF VILL -SIALMARI ITACHALI
Page No.# 4/12 P.O- DAKAGHAT P.S-NAGAON SADAR DIST-NAGAON ASSAM 17: RAMESH BASFAR S/O-JAGADISH BASFOR A RESIDENT OF VILL -NH 37 NEAR SAMAGURI ASEB COLONY SAMAGURI HAHSARA BORALIGAON P.O- SAMAGURI P.S-SAMAGURI DIST-NAGAON ASSAM 18: GIRIKANTA BORAH S/O-PUNIRAM BORAH A RESIDENT OF VILL -KARAIYONI MAJORATI P.O- POLASHANI P.S-NAGAON SADAR DIST-NAGAON ASSAM 19: SABITA RABHA KAKATI D/O-SARAT RABHA W/O-BALIN KAKATI A RESIDENT OF VILL -BAMUNGAON P.O- KACHAMARI P.S-NAGAON SADAR DIST-NAGAON ASSAM 20: SHARIFA AHMED D/O-NABI HUSSAIN A RESIDENT OF VILL -DAKHIN KALADUBA P.O- JENGONI P.S-JURIA DIST-NAGAON ASSAM 21: AJAY BASFOR S/O-MAHESH BASFOR A RESIDENT OF VILL -NAGAON HARIJAN COLONY (RAMKRISHNA PATH) P.O- NAGAON
Page No.# 5/12 P.S-NAGAON SADAR DIST-NAGAON ASSAM 22: SUBAL SUTRADHAR S/O-SRIBASH SUTRADHAR A RESIDENT OF VILL -MAKHANGAON P.O- BORPANI P.S-KACHUA DIST-NAGAON ASSAM PIN-782450 23: BURHAN UDDIN S/O-RAJAB ALI A RESIDENT OF VILL -MOHKHULI P.O- MOHKHULI P.S-NAGAON SADAR DIST-NAGAON ASSAM 24: PUSHPANJALI DAS (GARH) W/O-RUBUL GARH A RESIDENT OF VILL -SHILPHATA NAHARBARI P.O- NIBUKALI P.S-NAGAON SADAR DIST-NAGAON ASSAM 25: SAIDUL ALI S/O-ABDUS SUBAN A RESIDENT OF VILL -NO.
6 BHOGAMUKH P.O- BHOGAMUKH P.S-LAOKHUWA CHAPORI DIST-NAGAON ASSAM 26: GUPINATH TANTY S/O-DIRESH TANTI A RESIDENT OF VILL -SECONEE TEA ESTATE P.O- JAKHALABANDHA P.S-JAKHALABANDA DIST-NAGAON ASSAM PIN-782136 27: DHUBA DUTTA
Page No.# 6/12 S/O-AMAL DUTTA A RESIDENT OF VILL - KACHAMARI P.O-KACHAMARI P.S-NAGAON SADAR DIST-NAGAON ASSAM PIN-782001 28: NIZAM UDDIN S/O-AZIZUL HAQUE A RESIDENT OF VILL -SARU PATHER P.O- RENG BENG P.S-JAMUNAMUKH DIST-HOJAI ASSAM PIN-782427 29: MUNINDRA DEKA S/O-LATE HITLAR DEKA A RESIDENT OF VILL -MAJGAON P.O- MAJGAON P.S-JAJORI DIST-NAGAON ASSAM 30: MARAMI DEVI W/O- CHUKLESWAR NATH A RESIDENT OF VILL -BAMUNGAON P.O- KACHAMARI P.S-NAGAON SADAR DIST-NAGAON ASSAM 31: SIBA KANTA NATH S/O- HEMENDRA NATH NATH A RESIDENT OF VILL -BAMUNGAON (HATICHUNG) P.O- KACHAMARI P.S-NAGAON SADAR DIST-NAGAON ASSAM 32: SEKHAR BASFOR S/O- DUL DUL BASFOR A RESIDENT OF VILL -JURIA KADOMONI TOWN P.O- JURIA P.S-JURIA DIST-NAGAON ASSAM
Page No.# 7/12 33: RAJEN BORUAH S/O- LATE THOGIRAM BORUAH A RESIDENT OF VILL -RAIDONGIA BHATIKHANDA P.O- AIBHETI P.S-JAJORI DIST-NAGAON ASSAM 34: RAJ KUMAR DAS S/O- DHANI RAM DAS A RESIDENT OF VILL -KURABAHI (GHAHARIAL GAON) P.O- TULSHIMUKH P.S-NAGAON SADAR DIST-NAGAON ASSAM 35: JOYA TANTABAI D/O- LATE LALIT TANTABAI A RESIDENT OF VILL -NIZ KALIABOR (MIRIBHETI) P.O- JAKHALABANDHA P.S-JAKHALABANDHA DIST-NAGAON ASSAM 36: ANUWAR HUSSAIN S/O- JAMSHED ALI A RESIDENT OF VILL -DAGAON P.O- DAGAON P.S-JURIA DIST-NAGAON ASSAM 37: MUNIA CHAUHAN D/O- HARI PRASAD CHAUHAN A RESIDENT OF VILL -JAKHALABANDHA DHAKHINPAT P.O- JAKHALABANDHA P.S- JAKHALABANDHA DIST-NAGAON ASSAM PIN-782136 38: ASMINA KHATUN D/O- ASOR ALI A RESIDENT OF VILL -NO.
6 BHOGAMUKH P.O- KANCHANPUR P.S- LAOKHOWA CHAPORI DIST-NAGAON
Page No.# 8/12 ASSAM PIN-782125 39: SHAJIDA KHATUN W/O- JAMANUR RAHMAN A RESIDENT OF VILL -JARAMARI P.O- BALISATRA P.S- DHING DIST-NAGAON ASSAM PIN-782122 VERSUS THE STATE OF ASSAM AND ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI 6 2:THE DIRECTOR HEALTH SERVICE DEPARTMENT HENGARABARI GUWHATI-19 3:THE JOINT DIRECTOR OF HEALTH SERVICES NAGAON DISTRICT NAGAON ASSAM 4:THE SUPERINTENDENT CUM- MEMBER SECRETARY OF BURAGOHAIN THAN BPHC DEWRIGAON DIST-NAGAON 5:THE SUPERINTENDENT CUM MEMBER SECRETARY OF SAMAGURI BPHC SAMAGURI DIST NAGAON ASSAM 6:THE SUPERINTENDENT CUM MEMBER SECRETARY OF SINGIMARI STATE DISPENSARY SINGIMARI SD P.O BORPANI DIST NAGAON ASSAM 7:THE SUPRITENDENT CUM MEMBER SECRETARY
Page No.# 9/12 OF KATHIATOLI BPHC KALIABOR DIST NAGAON ASSAM 8:THE SUPERINTENDENT CUM MEMBER SECRETARY SINGIMARI BLOCK PHC DIST NAGAON ASSAM 9:THE SUPERINTENDENT CUM MEMBER SECRETARY OF RUPOHI MODEL HOSPITAL RUPOHI DIST NAGAON ASSAM 10:THE SUPERINTENDENT CUM MEMBER SECRETARY OF DAGAON BPHC DAGAON. DIST NAGAON ASSAM 11:THE SUPERINTENDENT CUM MEMBER SECRETARY OF KONDOLI MODEL HOSPITAL KONDOLI DIST NAGAON ASSAM 12:THE SUPRITENDENT CUM MEMBER SECRETARY OF B.P. CIVIL HOSPITAL NAGAON DIST NAGAON ASSAM 13:THE SUPERINTENDENT CUM MEMBER SECRETARY OF JAKHALABANDHA BLOCK PHC JAKHALABANDHA DIST NAGAON ASSA Advocate for the Petitioner : MR. M A I HUSSAIN, MD. S ALOM,N ISLAM Advocate for the Respondent : SC, HEALTH,
Page No.# 10/12 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 08.05.2026
Heard Mr. M. A. I. Hussain, learned counsel, appearing for the petitioners. Also heard Ms. D. Bora, learned Standing Counsel, Health & Family Welfare Department. 2. The petitioners at the outset has submitted that they were engaged as casual workers by the respective Hospital Management Committee/Society, functioning under the Health Department. 3. The petitioners submits that since the date of their initial engagement which had occasioned during the period between 2007 to 2013, the petitioners have completed more than 10 (ten) years of service and accordingly, they are entitled for regularization of their services and/or for payment of their wages at the minimum scale of pay of the regular post of worker they are so performing. 4. By producing a copy of the judgment and order dated 10-11-2022, passed by the learned Single Judge in W.P.(C) No.7711/2016, Mr.
M. A. I. Hussain, submits that prayers of similarly situated casual workers engaged by the Hospital Management Committees have been accepted by this Court and orders have already been passed for extending the benefit of minimum pay scale. Therefore, this writ petition be also disposed of in the line of the
Page No.# 11/12 direction contained in the judgment and order dated 10-11-2022. 5. Ms. D. Bora, learned Standing Counsel, Health & Family Welfare Department, Assam, submits that if the petitioners had actually been engaged by the Hospital Management Committees then in that case, it is correct that their cases would be covered by the Judgment and Order dated 10-11-2022. However, they have to submit their applications with supporting documents before the respective Hospital Management Committees/ Societies for doing the needful. 6. After going through the Judgment and Order dated 10-11-2022, I find that it was also a case, wherein similarly situated employees engaged by the Hospital Management Committee had approached this Court by filing W.P.(C) No.7711/2016, which was disposed of by the learned Single Judge with the following directions:
"23. As it appears, most of the petitioners have been engaged by the Hospital Management Society and not by the State Government, and only 5 out of the 29 writ petitioners are being given fixed wages. Accordingly, this Court is of the view that the concerned Hospital Management Committee/State respondents will have to consider the giving of minimum scale of pay to the petitioners, provided they are still working in the two Hospitals and are entitled to the same. Consequently, the petitioners are given the liberty to submit individual representations to the Superintendent of the two Hospitals, with regard to their claim for payment of the minimum scale of pay. The concerned Superintendent,
Page No.# 12/12 being the Member Secretary of the concerned Hospital Management Committee, shall thereafter place the same before the appointing authority, who shall thereafter consider the case of the petitioners, with regard to payment of the minimum scale of pay and make due payment, if they are entitled to the same. The petitioners should submit their individual representations within three weeks from today.
Thereafter, the decision/s on the petitioners' representations should made within a further period of 3 (three) months from the date of receipt of a certified copy of this order and the petitioners' representations."
7. In view of the stand taken by the learned counsel for both the parties, I am of the opinion that this matter can be disposed of in terms of the order dated 10-11-2022, subject to the condition that the petitioners would file individual applications, with supporting documents, before the concerned authorities within a period of 06 (six) weeks from today along with a certified copy of this order, for doing the needful. 8. On receipt of such applications, the concerned authorities to consider the same in the light of the observation made by the Judgment and Order dated 10-11-2022 within 03 (three) months thereafter. 9. With the above observation, this writ petition stands disposed of. JUDGE Comparing Assistant