JASHUBANTA SARMAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The proceedings in hand evince a resolute endeavour of the petitioners, hailing from the districts of Nagaon and Morigaon of the State, to secure appointments as Surveillance Workers and/or in Grade IV posts in the Health and Family Welfare Department of the Government of Assam. The writ petitions, in phases, project their grievances, with the progression of events, seeking a writ of mandamus directing the respondents to appoint them to the aforementioned post on the basis of the select list dated 20.1.2006 in which they claim to be empanelled on selection or in the alternative an opportunity to participate in a fresh process treating them to be eligible therefor. The pleadings of the parties unfold the facts in the relevant dimensions and portray the rival assertions as well.

(2.) I have heard Mr. P.K. Goswami, Sr. Advocate assisted by Mr. B.D. Goswami, Advocate for the petitioners and Mr. D. Saikia, learned Standing Counsel, Health and Family Welfare Department, for the respondents.

(3.) The petitioners have pleaded that having been appointed as Surveillance Workers and Grade IV employees in the Health and Family Welfare Department (hereafter referred to as the Department) by the Joint Director of Health Services on 4.12.2000, they accordingly joined their posts. However, the Commissioner and Secretary of the Department having by his order dated 8.12.2000 cancelled their appointments, they being aggrieved, instituted several writ petitions before this Court which in due course of time were dismissed. Being dissatisfied they preferred appeals being WA 158/2002 and WA 159/2002 which were disposed of on 27.8.2003 with a direction to consider their cases for appointment against present and future vacancies in accordance with law.