GAHC010208792024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/5149/2024 SANGHAMITRA SAHA W/O- DR. PRATOSH PAUL, R/O- H.NO-39, H.S ROAD PALTAN BAZAR, REHABARI, DISPUR, KAMRUP METRO, ASSAM, PIN-781008 VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND F.W. DEPARTMENT DISPUR-6, GUWAHATI.

2:THE SECRETARY TO THE GOVT. OF ASSAM HEALTH AND F.W. DEPARTMENT DISPUR-6 GUWAHATI.

3:ASSAM CANCER CARE FOUNDATION REP. BY THE COO REGD. OFFICE AT 3RD FLOOR V.K TRADE CENTRE G.S ROAD OPP DOWNTOWN HOSPITAL GUWAHATI-22 4:TATA TRUST REP. BY THE DIRECTOR REGD. OFFICE -

BOMBAY HOUSE HOMI MODY STREET MUMBAI-40000 Advocate for the Petitioner : MR. K N CHOUDHURY, MR A R BAROOAH,MR GAURAV R DUTTA Advocate for the Respondent : SC, HEALTH, MR. U GOSWAMI(R-4),MR. A SANCHETI (R-

4),MR S SANCHETI(R-4),R C SANCHATI(R-4),G BAISHYA (R-3),MR. B D CHOWDHURY(R-3)

BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

JUDGMENT

Date : 23-06-2025 Heard Mr. KN Choudhury, learned Senior Counsel assisted by Mr. GR Dutta, learned counsel for the petitioner. Also heard Mr. B Gogoi, learned Additional Advocate General, Assam for the Health Department, Mr. BD Chowdhury, learned counsel for the respondent no.3 and Mr. S. Sancheti, learned counsel for the respondent no.4.

2. The petitioner before this Court is a Medical Doctor by profession. She is a qualified Radiologist and had also undergone fellowship in Oncoimaging and Interventions from the Tata Medical Centre, Kolkata.

3. The respondent no. 3, namely, Assam Cancer Care Foundation is a joint partnership of the Government of the Assam and Tata Trust which was set up in the month of December, 2017 in a first of its kind venture to provide Cancer Care in a Three Level Cancer Grid in the State. The respondent No. 4 is the Tata Trust which is a philanthropic Organization. The respondents No. 1 & 2 are the Health Department of the Government of Assam.

4. Pursuant to the joint venture partnership of respondents no. 3 and 4 along with the Government of Assam, in order to provide the specific consultancy and treatment in the Health Care Sector, more particularly, in Cancer Treatment, the respondent No. 3 appointed several specialist medical professionals. The petitioner was one such medical professional who was appointed as a Consultant, Radiologist, Dibrugarh Cancer Centre. Pursuant to her engagement, a contract agreement dated 04.05.2022 was executed by and between the respondent No. 3 and the petitioner, whereby the petitioner was appointed on contract for a period of one year commencing from 01.08.2022 till 22.07.2023 on the terms and conditions mentioned therein. The professional fee payable to the petitioner during the period is also specified. The contract agreement inter-alia contained a termination Clause which provided for termination of the contract by giving 30 (thirty) days notice or by paying one month’s fee in lieu of the notice.

5. The case projected before this Court by the petitioner is that pursuant to her engagement she continued to render her services in terms of the contract agreement dated 04.05.2022. At the end of the contract period, her tenure was extended with effect from 01.08.2023 to 31.07.2024. Towards the end of the extended tenure, an online meeting on 26.07.2024 was held between the respondent No. 3 in which the petitioner was given verbal assurance of her contract renewal along with an increment of 6%. During the meeting, it is contented on behalf of the petitioner that she informed the respondent authorities for the first time on 26.07.2024 that she was pregnant. After completion of her tenure although the petitioner received her salary/pay for the month of August, 2024, the contract extension letter along with 6% increment as promised to the petitioner during the online meeting dated 26.07.2024 was not issued. Subsequently, on 09.09.2024, the respondent No. 3 issued a letter, whereby the p