PANKAJ CHAMUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Sarma, learned counsel for the appellants in Writ Appeal No.129/2021; Writ Appeal No.130/2021; Writ Appeal No.133/2021; Writ Appeal No.134/2021; Writ Appeal No.137/2021; Writ Appeal No.138/2021; Writ Appeal No.139/2021 and Mr. H.K. Das, learned counsel for the appellants in Writ Appeal No.125/2021 and Writ Appeal No.127/2021. Also heard Mr. D. Saikia, learned Advocate General, Assam, assisted by Mr. B. Gogoi, learned Standing Counsel, Health and Family Welfare Department, representing the State respondents.

(2.) These writ appeals are filed by the writ petitioners (appellants herein) being aggrieved with the judgment and order dtd. 9/3/2021 passed by the learned Single Judge in WP(C) No.235/2017 and other connected writ petitions, whereby the learned Single Judge has dismissed the writ petitions. However, while dismissing the said writ petitions, the learned Single Judge has issued a direction that none of the appellants/writ petitioners should be deprived of their seniority from the original dates of their posting as Surveillance Worker and Basic Health Worker (hereinafter to be referred as "SW and BHW", respectively) and has also observed that such seniority shall be restored on the date from which the appellants/writ petitioners would render their service in the substantial posts of SW and BHW.

(3.) The brief facts of the case are that the appellants/ writ petitioners were appointed as SW and BHW under a particular Scheme known as "National Vector Borne Disease Control Programme (NVBDCP)" on different dates running from the year 1995 to 2009. Subsequently, on their own request, the appellants/writ petitioners were posted as Store Keepers/LDAs in the same Pay Scale of SW and BHW at various places on different dates. The respondent State, vide orders issued on 30/11/2016, 12/12/2016 and 20/2/2017, has ordered for reversion of the appellants/writ petitioners to the posts of SW and BHW, on which they were initially appointed.