Mahitir Mahammad Barbhuiya v. The State of Assam and 4 Ors

ORDER Date : 02/08/2023

Heard Mr. S. K. Das, learned counsel for the petitioner. Also heard Ms. D. Borah, learned standing counsel, Health department and Mr. P. Nayak, learned standing counsel, Finance department.

¶2This writ petition has been filed by the petitioner, namely, Mahitir Mahammad Barbhuiya praying for grant of minimum wages. Petitioner is working as a Grade-IV employee on honorary basis in Borkhola PHC under the Health Department in Cachar District. It is submitted that by the learned counsel for the petitioner that petitioner was appointed by the Hospital Management Society and is presently rendering his services under the Borkhola PHC, Cachar District. He is being presently paid a fixed pay of Rs.3000/- per month. He is assigned duties to assist the field works in M.P.W. and S.W for Vector borne diseases along with COvid-19 diseases. Since his date of appointment on

02.01.2017 petitioner had been rendering his services.

¶3The learned counsel for the petitioner submits that besides his prayer for seeking regularization in the post in which he is working, petitioner is entitled to atleast a minimum wages till his case is considered by the department for regularization. Page No.# 3/4

¶4Learned counsel for the petitioner has referred to the Judgment of this Court passed in WA No. 45/2014 (State of Assam Vs Upen Das and Ors) to submit that the petitioner is required to be granted the benefits as directed by the Court in Upen Das (Supra).

¶5It is further submitted that his grievances were ventilated before the Deputy, Commissioner, Cachar, Silchar and Joint Director of Health Services, Cachar, Silchar by his separate representations. The said representations had remained pending.

¶6Ms. D. Borah, learned standing counsel, Health Department submits that the petitioner is not entitled to regularization however, his case for minimum wages, if any can be considered by the department subject to the petitioner satisfying the eligibility.

¶7Having heard the learned counsels for the parties, it is seen that inspite of opportunities being granted the respondent department has not filed any counter affidavit. It is also seen that the representations filed by the petitioner have also remained pending.

¶8Taking note of the submissions made as well as the pleadings on record, this Court is of the view that the writ petition can be disposed of with a direction to the Joint Director, Health Service, Cachar, Silchar to consider the representations filed by the petitioner and thereupon dispose of the said representations by a speaking order. Any such order that may be passed by the Joint Director, copy thereof shall be served on the petitioner.

¶9The Joint Director, Health Services, Cachar, Silchar will dispose of the representation within a period of 60 (sixty) days from the date of receipt of the certified copy of this order. The petitioner may file copy of the writ petition Page No.# 4/4 along with a copy of the certified copy of this order before the Joint Director, Health Services, Cachar, Silchar within 1 (one) week from today.

¶10Writ petition disposed of in terms of the above.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010129522021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4955/2021o MAHITIRoMAHAMMADoBARBHUIYAo S/O-oLT.oABULoBAISoBARBHUIYA,oGRADEoIVoEMPLOYEE,oOFFICEoOFoTHEo BORKHOLAoP.H.C.,oDIST.-oCACHAR,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oHEALTHo DEPTT.,oDISPUR,oGHY-6 2:PRINCIPALoSECRETARY oFINANCEoDEPTT. oGOVT.oOFoASSAM oDISPUR oGHY-6 3:NATIONALoHEALTHoMISSION oREP.oBYoMISSIONoDIRECTOR oOFFICEoOFoTHEoMISSIONoDIRECTOR oSAIKIAoCOMMERCIALoCOMPLEX oSRINAGARoPATH oCHRISTIANBASTI oGHY-5 4:TREASURYoOFFICER oCACHAR oP.O.oANDoP.S.oSILCHAR oDIST.-oCACHAR-oPINo788110 5:SUB-DIVISIONALoMEDICALoANDoHEALTHoOFFICER oBORKHOLA oP.O.oBORKHOLA Page No.# 2/4 CACHAR PIN- 78811 Advocate for the Petitioner : MR. S K DAS Advocate for the Respondent : SC, HEALTH BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA