GAHC010144032023

2026:GAU-AS:634 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Cont.Cas(C)/424/2023 ALAKA RANI PAUL W/O- MANINDRA PAUL, R/O- LAKSHISAHAR, WARD NO-8, P.O- LAKSHISHAHAR, P.S- HAILAKANDI, DIST- HAILAKANDI, ASSAM, PIN-788152 VERSUS SIDHARTH SINGH AND 4 ORS COMMISSIONER AND SECRETARY, TO THE GOVERNMENT OF ASSAM, HEALTH DEPARTMENT, DISPUR, GUWAHATI- 781006, ASSAM.

2:ANUP KUMAR BARMAN DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI-36 DIST- KAMRUP (M)

ASSAM

3:DEBOBRATA DUTTA SUPERINTENDENT S.K ROY CIVIL HOSPITAL P.O AND P.S- HAILAKANDI DIST- HAILAKANDI ASSAM PIN-788015

4:DR. P ASHOK BABU COMMIISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HEALTH DEPARTMENT DISPUR GUWAHATI-781006.

5:DR. UMESH PHANGCHO DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI-7810036 Advocate for the Petitioner : MS. S SEAL, MS. J CHETTRY,MS. S KANUNGOE Advocate for the Respondent : MR. T A CHOUDHURY (R-3), MR D DEKA (R-4),MR. A Y CHOUDHURY (R-3))

BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

ORDER

21.01.2026 Heard Ms. S. Kanungoe, learned counsel for the petitioner. Also heard Mr.

D. Deka, learned counsel appearing for the respondent/ contemnor No.4 and Mr. A. Y. Choudhury, learned counsel for the respondent/contemnor No.3.

2. By way of this Contempt Petition, the petitioner is drawing the attention of this Court to the alleged willful disobedience of the order dated 01.02.2023 passed by the learned Single Judge in WP(C) No.3330/2018.

3. It appears that the petitioner by WP(C) No.3330/2018, who was serving since April, 2002 as Health Worker in the S. K. Roy Civil Hospital, Hailakandi, upon offering her candidature for the six vacancies of Ward Girl in the Hailakandi District, in terms of the advertisement dated 14.12.2017, she being not selected approached this Court assailing the same. It was the contention of the petitioner in the writ petition that the petitioner having 16 years of experience as Health Worker ought to have received preferential consideration in the selection process and also canvassed her apprehension that her service of Health Worker may be discontinued. It was the further contention of the petitioner that she is being paid Rs. 3,000/- per month as Health Worker, which is way below the minimum salary of casual employees in State Government service.

4. While issuing notice, this Court having observed that the petitioner has rendered over 10 years of service as Health Worker, was pleased to provide interim protection as per the ratio laid down in the case of State of Assam Vs. Upen Das and others reported in 2020 (5) GLT 605. Thereafter, the matter having come up for final hearing, this Court after hearing the parties, by Judgment and Order dated 01.02.2023 was pleased to dispose of the writ petition by observing and directing as under –

“Since there is no wrangle at the bar that in view of the decision rendered in the case of Jadumoni (Supra), the petitioner would be entitled for payment of minimum pay scale and considering the fact that the petitioner has admittedly being working as Health Worker in the S. K. Roy Civil Hospital, Hailakandi since April, 2002 till date, neither the question of dispensation of her services nor denial of benefit of minimum scale of pay would arise in this case.

In view of the above, this writ petition is hereby disposed of by making the interim order dated 25-05-2018 as absolute with a further direction that the case of the petitioner shall be considered for grant of minimum pay scale in the light of the judgment rendered in the case of Jadumoni (Supra) and appropriate order be passed in that regard within a period of 03 (three) months from the date of receipt of a certified copy of this order”

5. It is the specific case of the contempt petitioner that despite a positive direction passed by this Court to consider the case of the petitioner for grant of minimum pay scale in the light of the judgment rendered in the case of Jadumoni Nath & Ors. –