WP(C) 597/2009. Gauhati High Court
| Case Number | WP(C) 597/2009 |
| Judgement Date | August 22, 2014 |
| Court | Gauhati High Court |
WRIT PETITION (C) No. 597/2009
Sri Dijen Roy & Ors.
- Versus –
1) The State of Assam
Represented by the by the Commissioner
& Secretary to the Govt. of Assam, Health & Family Welfare Department,
Dispur, Guwahati-6.
2) The Director of Health Services (Malaria), Assam, Hengrabari, Guwahati-6.
Respondents
B E F O R E
HON’BLE MR. JUSTICE T. VAIPHEI
For the petitioner: Mr. JI Borbhuiya,
Mrs. F. Begum,
Mr. L Mohan,
Ms. S Roy,
Ms. A Ahmed,
Advocates
Advocates.
For the respondents: Mr. D Saikia,
Ld. Addl. Advocate
General.
Standing Counsel,
Health.
Date of Hearing: 07.08.2014
Date of Judgment: 22-08-2014
JUDGMENT & ORDER
This writ petition is filed by 118 petitioners, who are engaged as Superior Field Workers (SFW) and Field Workers (FW) under the Malaria Action Programme of the Health
WP(C) No. 597 of 2009 Page
Petitioners
-
The facts are hardly in dispute. Following the outbreak of Malaria with high mortality rate in the year 1994, the State-respondents formulated the operational manual for Malaria Action Programme (“the Programme” for short) whereunder some posts of Seasonal Superior Field Worker (SFW)/Field Workers (FW) were created under the Gosaigaon Block PHC for DDT Spray Operation during the year 2008 with a daily wages of `54/- and VDA `7.20 only for SFW and `50/- and VDA `7.20/- for FW. By the advertisement dated 1-2-2008 issued by the Office of the Sub-Divisional Medical and Health Officer, Gosaigaon, applications were invited from intending male candidates for the said two categories of posts by fixing minimum educational qualifications and age bar. The petitioners applied for and were engaged for the said categories of post on different dates so much so that they have been rendering their services for the period ranging from 3 years to 19 years as seasonal workers. They are engaged twice in a year for works which are malaria oriented with a working period of 45 days in two rounds in each season i.e. summer and winter. According to the petitioners, they have in the process gained practical experience in the range up to the upper limit of 19 years. The statement showing the names of the petitioners with their respective experiences in the field and duration of their experiences are as follows:
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Sri Pradip Kumar Ray F.W. 3 Years.
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Sri Ashok Kr. Ray F.W. 2 Years.
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Sri Manoj Kr. Ray F.W. 3 Years.
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Sri Babul Chandra Ray F.W. 3 Years.
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Sri Diganta Kr. Ray F.W. 10 Years.
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Sri Mani Kanta Ray F.W. 3 Years.
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Sri Khushi Mohan Das F.W. 9 Years.
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Sri Ganesh Singha F.W. 3 Years.
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Sri Suresh Ch. Brahma F.W. 10 Years.
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Sri Sadananda Brahma F.W. 10 Years.
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Sri Subash Basumatary F.W. 3 Years.
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Sri Ranjit Basumatary F.W. 10 Years.
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Sri Binay Kr. Brahma F.W. 10 Years.
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Sri Laren Mochahary F.W. 6 Years.
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Sri Dilip Kr. Brahma F.W. 12 Years.
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Sri Dharanidhar Brahma F.W. 6 Years.
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Md. Subar Ali Sk. F.W. 6 Years.
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Sri Surendra Brahma F.W. 8 Years.
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Sri Amarendra Ray F.W. 6 Years.
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Sri Sunil Ch. Dutta F.W. 9 Years.
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Sri Fuleswaran Narzary F.W. 10 Years.
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Sri Tara Basumatary F.W. 6 Years.
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Sri Binay Boro F.W. 4 Years.
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Sri Benesh Koch F.W. 5 Years.
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Sri Dhaniram Ray F.W. 5 Years.
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Sri Bijoy Kr. Brahma F.W. 4 Years.
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Sri Ramen Basumatary F.W. 6 Years.
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Sri Ajit Narzary F.W. 10 Years.
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Sri Rakesh Basumatary F.W. 5 Years.
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Sri Ranjit Basumatary F.W. 4 Years.
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Sri Arup Ch. Barman S.F.W. 5 Years.
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Sri Ringkhang Brahma S.F.W. 7 Years.
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Sri Roton Narzary F.W. 5 Years.
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Sri Sambaru Ch. Gayary F.W. 10 Years.
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Sri Prasen Kumar Basumatary F.W. 10 Years.
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Sri Dhajen Basumatary F.W. 8 Years.
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Sri Arobindo Barman F.W. 9 Years.
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Sri Jesai Narzary S.F.W. 6 Years.
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Sri...
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