Point of Law:
It is not possible to lay down rigid rules as to when principles of natural justice are to apply, nor as their scope and extent ....There must have been some real prejudice to the complainant; there is no such thing as a merely technical infringement of natural justice. The requirements of natural justice must depend on the facts and circumstances of the case, the nature of the inquiry, the rules under which the tribunal is acting, the subject matter to be dealt with and so forth"

JUDGMENT :

The subject matter of all the writ petitions being similar, the same are taken up together for disposal by this common judgment and order.

2. In this set of writ petitions, challenge has been made to the orders of reversion from Store Keeper/LDA or any other equivalent posts to the post of Surveillance Worker under the Health and Family Welfare Department, Assam. The petitioners have taken various grounds of challenge, including violation of the principles of natural justice before passing the impugned orders which, according to them, have adverse consequences. However, before coming to the issue at hand, it would be convenient to state the basic facts of each of the cases.

3. The petitioner, Shri Manoj Das in WP(C) No.7703/2016 was initially appointed as a Surveillance Worker (hereinafter referred to as the SW) vide appointment letter dated 26.05.1998 issued by the Joint Director of Health Services. During the tenure of his services, he had obtained his diploma in type writing (both in English and Assamese). Since a post of Store Keeper was lying vacant, the petitioner made a prayer for upgrading his services as Store Keeper. It is the case of the petitioner that his post of SW was subsequently designated as Store Keeper in the same scale of pay vide an order dated 05.05.2008 issued by the Addl. Director of Health Services, Assam. The petitioner was thereafter transferred to Barpeta vide an order dated 19.03.2013. Since then, the petitioner claims to be continuously working as LDA. However, by the impugned orders dated 30.11.2016 and 12.12.2016, the petitioner along with other incumbents were reverted back to the post of SW. It is the case of the petitioner that neither any reasons were assigned for such reversion nor he was given any opportunity or notice.

4. The petitioner, Shri Jitumoni Kalita in WP(C) No.7704/2016 was initially appointed as a SW vide appointment letter dated 17.12.2005 issued by the Director of Health Services, Assam. During the tenure of his services, he had obtained qualification in computer and had also completed his M.Sc. in Information and Technology. It is the case of the petitioner that his post of SW was subsequently designated as Store Keeper in the same scale of pay vide an order dated 04.06.2013 issued by the authorities. Since then, the petitioner claims to be continuously working as LDA. However, by the impugned orders dated 30.11.2016 and 12.12.2016, the petitioner along with other incumbents were reverted back to the post of SW. It is the case of the petitioner that neither any reasons were assigned for such reversion nor the petitioner was given any opportunity or notice.

5. The petitioner, Ms. Syeda Jurima Ahmeda in WP(C) No.7705/2016 was initially appointed as a SW vide appointment letter dated 11.04.2008 issued by the Director of Health Services, Assam. During the tenure of her services, she was deputed to the office of the District Malaria Officer, Barpeta in the leave vacancy of an LDA. The said post was subsequently designated as LDA in the same scale of pay vide an order dated 25.01.2010 issued by the authorities. Since then, the petitioner claims to be continuously working as LDA. However, by the impugned orders dated 30.11.2016 and 12.12.2016, the petitioner along with other incumbents were reverted back to the post of SW. It is the case of the petitioner that neither any reasons were assigned for such reversion nor the petitioner was given any opportunity or notice.

6. The petitioner, Md. Abedul Haque in WP(C) No.7706/2016 was initially appointed as a Basic Health Worker (hereinafter referred to as the BHW) vide appointment letter dated 06.05.1995 issued by the District Malaria Officer, Nalbari. It is the case of the petitioner that his post of BHW was subsequently designated as Store Keeper in the same scale of pay vide an order dated 28.06.2006 issued by the Joint Director of Health Services, Assam. In the meantime, the petitioner also served as Nodal Officer, NRC Cell, Na