Dr. Khabiruddin Ahmed v. The State of Assam and 3 Ors

ORDER

26.07.2024

Heard Shri N.H. Barbhuiya, learned counsel for the petitioner, who has raised certain issues regarding the pending salaries of the petitioner for services rendered by him as Dental Surgeon which he was appointed under Regulation 3

(f) of the APSC (Limitation of Function) Regulation, 1951. The period however is of the year June 1995 to December, 2000, April to December 2001 and September, November and December, 2002. The petitioner had earlier approached this Court on the said issue by filing WP(C)/7935/2004 in which there was an order dated 25.03.2013. The petitioner had thereafter filed contempt case no. 184/2015 which was however dismissed for non prosecution on 21.03.2018. The learned counsel for the petitioner has submitted that there have been certain inter office communication for which he has filed this case. Also heard Ms. S. Sharma, learned Standing Counsel. Health and Family Welfare Department appearing for the respondents who has raised the issue of maintainability. Apart from the fact that the cause of action for salaries is till the period of 2002 and the cause of action is sought to be raised after more than two decades, this Court has found that the issue was already adjudicated in the earlier round of litigation instituted vide WP(C)/7935/2004 which was disposed Page No.# 3/3 of on 25.03.2013. As indicated above, the contempt case being Contempt Case no. 184/2015 was also dismissed for non prosecution by this Court vide order dated

21.03.2018. The petition demonstrates lack of due diligence. At this stage, the learned counsel begs to withdraw the writ petition. Writ petition is accordingly dismissed on withdrawal. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010147962024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3702/2024o DR.oKHABIRUDDINoAHMEDo S/OoLATEoRAKIBARoRAHMAN,oRESIDENToOFoVILLAGEoKACHARIo SOLMARI,oPOoANDoPSoRANGIA,oDISToKAMRUPoRoASSAM VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o HEALTHoANDoFAMILYoWELFAREoDEPARTMENT,oASSAM,oDISPUR,o GUWAHATIo781006 2:THEoDEPUTYoSECRETARY oTOoTHEoGOVT.oOFoASSAM oHEALTHoANDoFAMILYoWELFAREoDEPARTMENT oASSAM oDISPUR oGUWAHATIo781006 3:THEoDIRECTORoOFoHEALTHoSERVICES oASSAMoHENGRABARI oGUWAHATIo36 4:THEoJOINToDIRECTORoOFoHEALTHoSERVICES oNALBARI oASSAMo781335 5:THEoJOINToDIRECTORoOFoHEALTHoSERVICES oBAKSA oMUSHALPURoASSAo AdvocateoforotheoPetitionerooooo:oMR.oSoIoHUSSAINo Page No.# 2/3 Advocate for the Respondent : SC, HEALTH AND F W BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI