GAUHATI HIGH COURT ISSUES ORDER FOR PURNA SINDHU MUDOI V/S THE STATE OF ASSAM AND 6 ORS.

GUWAHATI, India, Sept. 28 -- Gauhati High Court issued the following order on Aug. 27:

1. Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. M. Ahmed, learned counsel for the petitioners. Also heard Mr. D. Saikia, learned Advocate General assisted by Mr. B. Gogoi, learned Additional Advocate General for the respondents.

2. WP(C)/2135/2025 and WP(C)/6308/2024 are filed by the petitioner namely Pankaj Kakoty. In WP(C)/2135/2025, the petitioner has assailed the order dated 11.04.2025 passed by the Department of Health and Family Welfare, whereby the representation preferred by the petitioner for considering the regularization of the services of the petitioner as an Inspector of Drugs under the Department of Health and Family Welfare stood rejected. WP(C)/6308/2024 is filed by the petitioner, Shri Pankaj Kakoty challenging the transfer order dated 24.11.2024 whereby the private respondent no.7 namely Puja Devnath serving in the post of Inspector of Drugs, Karimganj was sought to be transferred to the post held by the petitioner vide the impugned order dated 24.11.2024. Similarly, in WP(C)/2137/2025 the petitioner therein has challenged the rejection of his representation by the respondent Authority, vide the order dated 11.04.2025 whereby the proposal for regularization of the writ petitioners stood rejected. WP(C)/6309/2024 is also filed by the petitioner, Purna Sindhu Mudoi, putting to challenge the transfer order dated 24.11.2024 whereby the private respondent no.7 Sri Hem Chandra Bhatta, who was serving as Inspector of Drugs in Lakhimpur was sought to be transferred to the post held by the writ petitioner.

3. In WP(C)/6308/2024 and WP(C)/6309/2024, a Co-ordinate bench by order dated 29.11.2024 while permitting the State Counsel to complete his instructions, by way of an ad-interim measure directed that till the next day fixed the service(s) of the petitioners shall not be disturbed in any manner. This interim order came to be extended subsequently and is still in force. During the pendency of these writ petitions, the Department by an order dated 11.04.2025, rejected the representations of the writ petitioners, who had sought the regularization of their services as Inspector of Drugs. The petitioners are currently serving in the said post on an ad-hoc basis, having been appointed under Regulation 3(f) of the Assam Public Service Commission (Limitation of Functions) Regulation, 1951. Similarly, in WP(C)/2137/2025, a similar order passed in the representation of the writ petitioner namely Purna Sindhu Mudoi therein stood rejected by the order dated 11.04.2025. These orders came to be passed during the pendency of the WP(C)/6308/2024 and WP(C)/6309/2024. Since there was already an interim order passed in WP(C)/6308/2024 and WP(C)/6309/2024 that the services of the writ petitioners shall not be disturbed in any manner, this interim order was also extended to the writ petitions WP(C)/2135/2025 and WP(C)/2137/2025. On the prayer of the learned counsel for the parties, WP(C)/2135/2025 and WP(C)/2137/2025 was directed to be tagged together and listed for hearing. All these petitions have come up for hearing and are taken up together for the hearing and disposal.

4. Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. M. Ahmed, learned counsel for the petitioners submits that the writ petitioners were selected and appointed as Inspector of Drugs initially for the period of 4 months under Regulation 3(f) of the Assam Public Service Commission (Limitation of Functions) Regulation, 1951. The order dated 10.11.2005 also reflected the years and places of posting of the petitioners. It is submitted on behalf of the petitioners that the petitioner in WP(C)/2135/2025 and WP(C)/6308/2024 was posted in Karimganj and the petitioner in WP(C)/2137/2025 and WP(C)/6309/2024 was posted in North Lakhimpur. Pursuant to said order dated 10.11.2005, the petitioners joined in their services on 16.11.2005 and 11.11.2005 respectively.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x9YHMotFyVzjtj6JG%2B%2BqEM9jKnm1JSZwDq69S9F3IvJC&caseno=WP(C)/2137/2025&cCode=1&cino=GAHC010084022025&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.