GUNAKANTI GOHAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both the writ petitions being intrinsically connected and filed by the same petitioners, the same were analogously heard and disposed of by this common judgment and order. The grievance is on the aspect of promotion of the petitioners vis- -vis the private respondents.

(2.) There is a chequered history in these cases. The petitioners were promoted to the rank of Assistant Matrons in the Health and Family Welfare Department, Government of Assam (hereinafter the Department) as per recommendation of the DPC in the year 2018. Such promotions were however the subject matter of WP(C)/3069/2018 instituted by the All Assam Graduate Nurses Association. The said writ petition was allowed by this Court vide judgment and order dtd. 16/11/2020 as it was noticed that such promotions were made on the basis of two Gradation Lists which had culminated in the order dtd. 11/4/2018. The promotions orders were accordingly interfered with a further direction that a fresh promotion exercise be made in accordance with law. The petitioners herein had assailed the said judgment in WA/25/2021 which was however dismissed vide judgment and order dtd. 1/2/2021. Certain other writ appeals were also dismissed in the same line. After the matter was remanded, a common Gradation List in the rank of Staff Nurse was prepared. The grievance of the petitioners is that the private respondents are junior to them but have been placed above them in the Gradation List. It is contended that the appointments of the private respondents as Staff Nurse were not in accordance with law and in any case were made after that of the petitioners and therefore, they could not have stole a march over the petitioners in the Gradation List. It is also contended that it is only in the year 2021 upon publication of the Draft Gradation List that the petitioners could come to know about such appointments and therefore, could make the challenge.

(3.) In the first writ petition being WP(C)/2940/2021, the Gradation List dt. 30/3/2021 was put to challenge and in the subsequent writ petition WP(C)/6006/2021, the promotion to the post of Sister Tutors to the private respondents have been specifically challenged.