HAREN DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both the writ petitions being based on same set of facts raising the same grievance, were heard analogously and they are being disposed of by this common judgment and order.

(2.) The petitioners are aggrieved by their repatriation from the erstwhile Lokapriya Gopinath Bordoloi Institute of Mental Health, Tezpur (LGBIMH) which was earlier run by the Government of Assam in the Department of Health & Family Welfare. On the basis of the recommendation made by the Gopal Subramaniam Commission, the Apex Court by its order dated 3.10.94 on a PIL petition directed the Government of India to take over the Institute for better management and treatment facilities. Pursuant thereto, the Government of India accorded sanction to the North Eastern Council (NEC), Shillong to take over the Institute and develop it as a Regional Institute of Mental Health by an order dated 18.12.97.

(3.) The LGBIMH was reconstituted as a society under the Societies Registration Act, 1860 and on 11.2.99 an agreement was executed between the Government of Assam and the NEC (Ministry of Home Affairs) laying down the terms and conditions for taking over the Institute and constituting the Board of Governors and the Executive Council and detailing other provisions relating to properties and the employees of the Institute. Clause 6 of the agreement provided for giving choice of absorption in the new set up or reversion to the Government of Assam providing further that the terms and conditions governing all employees serving and employed by the Institute shall not be altered to their disadvantage.