SUJIT NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ application depicts an attitude of callousness and non-application of mind on the part of the authority in dealing with its own employees. The petitioner herein was appointed on 15.3.96 as a Driver on adhoc basis, that is, Annexure-1 to the writ application. The appointment was made by the Additional Chief Medical and Health Officer, Cachar at Silchar. Thereafter on 2.6.96, Ms appointment was approved by the Director of Health Services (FW), Assam, Guwahati. This is Annexure-2 to the writ application. On 7.8.96 vide Annexure-3 the following order was passed:

(2.) Thereafter, a W.T. Message was issued by the authority which reads as follows:

(3.) In pursuance of this W.T. Message on 5.11.96 the authority passed the following order vide Annexure-5: "ANNEXURE-5 GOVT. OF ASSAM OFFICE OF THE ADDL. CHIEF MEDICAL & HEALTH OFFICER (FW) CACHAR: SILCHAR No. 7858 Dt. 5.11.96 To Sri Sujit Nath, Driver attached to Algapur PHC (Now working at DFWB, Silchar) In pursuance of the instruction conveyed by the Director of Health Services (FW), Assam vide his telegram No. HSFW/5237-53 dt. 30.10.96. Your services is no longer required by this department with immediate effect. He is from the issue of this order. Sd/ 5.11.96 Addl. Chief Medical & Health Officer Cachar, Silchar. Memo No. 7859-62 Dt. 5.11.96 Copy to : 1. The Director of Health Services (FW), Assam, Guwahati-6 for favour of information in continuation to this office memo No. 7867- 78 dt. 5.11.96. Attested copy of appointment letter of Sri Sujit Nath who was appointed with the approval from DHS (FW), Assam vide No. HSFW/Esstt/58/96/7567 dt. 3.6.96. 2. SDM&HO, Algapur for information. 3. Asstt. Acctt, DFWB, Silchar for information. Esstt.It is the legality and validity of this Annexure-5 quoted above which is challenged in this writ application.