AJIT BURAGOHAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) All these Writ Appeals have been filed before this Court challenging the judgment of the learned Single Judge dated 13.03.2020 by which the writ petitions filed by the appellants/writ petitioners were dismissed.

(2.) The appellants/ writ petitioners were appointed as Surveillance Workers under the Health Department in various districts of the State of Assam from 1999 onwards and at some point of time in the year 2015/2016 it was detected that many of the Surveillance Workers were never appointed by the concerned authority. In fact, no procedure was adopted for their appointment and in many of the cases there were no appointment order at all. Consequently, an exercise was undertaken by the Government of Assam in the year 2016/2017 for detecting such cases.

(3.) Before we proceed to discuss the exercise undertaken by the Government of Assam, a brief description is considered necessary as regarding the post of Surveillance Worker in the State of Assam. Pending finalisation of Service Rules to be framed under Article 309 of the Constitution of India, the Governor of Assam was pleased to pass an Order regulating recruitment and the conditions of service of persons appointed as Para-Medical and Non-Gazetted Staff under the establishment of the Director of Health Services, Assam. The Order is known as "The Assam Vector Borne Disease Control Programme Workers Service Orders, 2006". At Paragraph No.3 of the Order, Class and Cadres are given. It reads as under:-