IMPORTANT POINT
The court held that contractual employees cannot claim regularization or salary payments post-closure of their workplace, emphasizing the nature of their employment and the project's discontinuation.

JUDGMENT :

All these writ petitions pertain to the broad issue of a claim for salaries of the staff of Burn Unit of the Dhubri Civil Hospital and also their continuation in service. Since the issue in all these cases is almost identical, the same are taken up for analogous hearing and are being disposed of by this common judgment and order.

2. As per the facts projected, a Memorandum of Understanding (MoU) was entered into by the State and the Central Government on 25.10.2020. The said MoU was on the issue of establishment of Burn Units in the Gauhati Medical College and Hospital and Civil Hospitals of Dhubri and Nagaon. The cause of action in these cases pertains to the Burn Unit of the Dhubri Civil Hospital.

3. Pursuant to the said MoU, a recruitment process was initiated for inducting various staff on contractual basis. Accordingly, an advertisement was issued by the Hospital Management Society, Dhubri for recruitment of certain staff on contractual basis. The case of the petitioners is that they participated in the said selection process and were inducted in various posts. It is, however not in dispute that such appointments were on contractual basis.

4. The grievance of the petitioners, as has been indicated above is with regard to the non-payment of their salaries since 31.03.2021. So far as the petitioners in WP(C)/7189/2015 are concerned, out of 17 of them, 3 have also filed an application, being IA(C)/2302/2023 for payment of salaries from August, 2016.

5. I have heard Shri TJ Mahanta, learned Senior Counsel assisted by Shri AZ Ahmed, learned counsel for the petitioners in WP(C)/661/2020 and Shri S Alim, learned counsel for the petitioners in WP(C)/7189/2015, IA(C)/2302/2023 in WP(C)/7189/2015, WP(C)/654/2020 and WP(C)/2188/2021. I have also heard Shri DP Borah, learned Standing Counsel, Health and Family Welfare Department, Assam.

6. Shri Mahanta, learned Senior Counsel for the petitioners has submitted that the Burn Unit was created in the concerned Dhubri Civil Hospital as an essential part of public interest pertaining to medical assistance. Such Unit was opened in, amongst others, the Dhubri Civil Hospital vide an MoU of the year 2010. By drawing the attention of this Court to the MoU between the State and the Central Government, it is submitted that certain commitments of the State Government were recorded which are part of the MoU. As per the commitments, the State Government was to take over the responsibility for maintaining the th Burn Unit after the end of XI Five Year Plan i.e. 31.03.2012. The State Government was also to take over the liability of the staff recruited on th contractual basis at the end of XI Five Year Plan. The State was also required to create regular posts against the sanctioned contractual positions by the end th of the XI Five Year Plan so as to have a smooth continuation of the burn care services. It is submitted that only for the reasons that the building of the Dhubri Civil Hospital was dismantled, services have been discontinued though no formal orders of discontinuation have been served. Though the learned Senior Counsel has candidly admitted that after 31.03.2021, their services have not been able to be utilized effectively, it is not because of the fault of the petitioners and therefore, their claim for salaries and continuation in service is justified. It is also submitted that except for Dhubri, the other two Burn Care Units at Nagaon Civil Hospital and Gauhati Medical College and Hospital are in operation.

7. Shri Mahanta, learned Senior Counsel has also drawn the attention of this Court to IA(C)/384/2021 which was disposed of by this Court on 26.03.2021. It is submitted that vide the aforesaid order, the order dated 22.09.2020 issued by the Department during the pendency of the writ petition was stayed. It was, however, observed that the order would not stand as a bar for the competent autho