GAHC010115142025

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WA/211/2025

1.KAMOLESH DAS AND 3 ORS.

SON OF PRONOBESH SHIL, RESIDENT OF GAURIPUR, WARD NO. 2, P.O

AND P.S- GAURIPUR, DISTRICT- DHUBRI, ASSAM, PIN-783331.

2: SHAHAJAHAN RAHMAN

S/O AFIZUR RAHMAN VILL. CHAGALCHARA PT-III P.S. DHUBRI DIST.

DHUBRI ASSAM PIN 783331

3: MOBASHIR ALOM

S/O TAZUDDIN AHMED R/O BIDYAPARA PT-2 COLLEGE ROAD

P.S. DHUBRI DIST. DHUBRI ASSAM PIN 783301

4: AMINUR RAHMAN PRADHANI

S/O ACHIM UDDIN PRADHANI

VILL. DEBOTTAR HASDOHA PT-6 PIN 78333

VERSUS

1.THE UNION OF INDIA AND 9 ORS.

TO BE REPRESENTED BY THE SECRETARY GOVT. OF INDIA, MINISTRY OF

HEALTH AND FAMILY WELFARE, NIRMAN BHAWAN, NEW DELHI-110011.

2:THE DIRECTOR GENERAL (PH)

DIRECTORATE OF HEALTH SERVICES GOVT. OF INDIA

NIRMAN BHAWAN NEW DELHI 110011

3:DEPUTY DIRECTOR (ADMINISTRATION)

DIRECTORATE GENERAL OF HEALTH SERVICES GOVT. OF INDIA

NIRMAN BHAWAN NEW DELHI 110011

4:THE STATE OF ASSAM

REPRESENTED BY COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM

HEALTH AND FAMILY WELFARE DEPTT.

DISPUR GUWAHATI 781006

5:THE JOINT SECY. TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPTT.

DISPUR GUWAHATI 06

6:DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI 36

7:THE DEPUTY COMMISSIONER DHUBRI P.O. AND DIST. DHUBRI ASSAM PIN 783301

8:JOINT DIRECTOR OF HEALTH SERVICES CUM MEMBER SECY.

DIST. HEALTH SOCIETY DHUBRI DIST. P.O. AND DIST. DHUBRI ASSAM PIN 783301

9:THE SUPERINTENDENT DHUBRI CIVIL HOSPITAL DHUBRI DIST. DHUBRI (ASSAM) PIN 783324

10:HOSPITAL MANAGEMENT SOCIETY DHUBRI CIVIL HOSPITAL REPRESENTED BY ITS CHAIRMAN CUM DEPUTY COMMISSIONER DHUBRI P.O. AND DIST. DHUBRI ASSAM PIN 78330 For the Appellant(s) : Mr. A.Z. Ahmed, Advocate.

For the Respondent(s) : Mr. D. Saikia, Advocate General, Assam.

: Mr. D.P. Borah, Standing Counsel, Health and Family Welfare Department.

: Ms. R. Barua, Advocate.

: Mr. P. Saikia, Government Advocate, Assam.

B E F O R E –

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HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

18.11.2025 (Ashutosh Kumar, CJ)

Apropos the order dated 15.09.2025, Mr. D. Saikia, Advocate General, Assam has examined the matter and has submitted before us today that the appellants were the contractual employees, who were brought in service by the Health Society and not by the Government. In fact, they were not even paid by the Government during their entire contractual tenure.

To recapitulate the facts arising in this appeal, in the year 2010, a Memorandum of Understanding (MOU) was executed between the Ministry of Health and Family Welfare, Government of India and the Government of Assam for implementation of the National Programme for prevention and management of burn injuries.

The objective of this National programme was to establish adequate treatment facilities for burn injuries, especially in the district level hospitals and their peripheral Health Care Institutions.

To give shape to this programme, one medical college and two adjacent districts were selected on a pilot basis for implementation.

In the State of Assam, the Burn Unit was being run in the Gauhati Medical College and Hospital, whereas in the districts of Nagaon and Dhubri, Special Burn Units were opened, in which the appellants were employed by the Society on contractual basis.

Over a period of time, the State could develop the necessary infrastructure and two regular hospitals came up at Nagaon and Dhubri, respectively. Because of that, the district hospitals which were running as burn hospitals were disbanded.

It is only under these circumstances that the appellants became jobless as they were contractual employees of the Society.

The State is not willing to take them in notwithstanding the judgment of the Supreme Court in Dharam Singh & Ors. -Vs- State of U.P. & Anr. [Civil Appeal No(s). 8558 of 2018, dated 19.08.2025]; Jaggo –Vs- Union of India :: (2024) SCC OnLine SC 3826; Shripal & Anr. -Vs- Nagar Nigam, Ghaziabad :: 2025 SC OnLine SC 221, on the ground that the appellants were not the contractual emp