LAWS(GAU)-2020-3-162

CHANDAN BORGOHAIN Vs. SANJAY KUMAR MEDHI

Decided On March 13, 2020
Chandan Borgohain Appellant
V/S
Sanjay Kumar Medhi Respondents

JUDGEMENT

(1.) The subject matter of these writ petitions being similar in nature where challenge to the discontinuation/termination of the services of the petitioners as Surveillance Workers (hereinafter referred as SWs), is under challenge, these writ petitions are taken up for disposal by this common order.

(2.) The brief facts of the cases which are necessary to be considered for adjudication of the issue may be summarized in the following manner.

(3.) The petitioners belonging to different districts in the State of Assam claimed to have been appointed as SWs for the period 2010 onwards. Pursuant to such appointment, few of the petitioners were also transferred to different places of postings vide orders issued by the Joint Director of Health Services of the concerned district. The petitioners contend that they were paid salaries by following pay scale and the same was being through the State Bank of India. The petitioners were also issued Identity Cards and statutory deductions were also made from their salaries. However, after serving for a long period of time as regular employees, the petitioners had to undergo a verification process whereby they were required to furnish all their original documents pertaining to their appointments as SWs. Such verification was a part of a fact-finding inquiry. At this stage, it would be pertinent to note that so far as the petitioners belonging to the district of Dibrugarh are concerned, there was a devastating fire in the District Malaria Office which had gutted all the official records. In that process, the petitioners pertaining to the Dibrugarh district had additionally pleaded that in the said fire, the documents furnished by them were also destroyed. In this connection, necessary certificates have been annexed in the concerned writ petition pertaining to Dibrugarh district. Nonetheless, it is the case of the petitioners that the documents, as such, were duly submitted. However, vide an order dated 30.06.2017, issued by the Joint Director of Health Services, the petitioners were removed from their services. It is also the case of the petitioners that prior to such removal from June, 2017, their salaries were also stopped.