Md. Rafik Ali 319 and 3 Ors v. Manish Thakur and 3 Ors

ORDER

02.02.2024.

Heard the learned counsel for the parties. The petitioners who were working as Superior Field Worker and Field Workers under Malaria Action Programme approached before this Court with a grievance that their services has not been regularized. This Court under its order dated 22.08.2014 passed in WP(C) No. 597/2009, held that so long as Malaria Action Programme continues, the petitioner should be allowed to continue subject to discharge on medical or disciplinary ground or on attaining age of superannuation. Accordingly, it was directed to treat the petitioners as reserved force for engagement as Seasonal Superior Field Workers and Page No.# 3/3 continue to engage them until the Malaria Action Programme comes to an end. Mr. A. Chaliha, learned counsel submits that Malaria Action Programme is no more continuing. The petitioners have not also taken steps for issuance of notice upon the respondent Nos. 2 and 3 till date. The record of this proceeding also reflects that on 17.10.2023, Mr. J. I. Borbhuiya, learned counsel for the petitioners prayed to complete his instruction as he was not in touch with the petitioners' for long time. When the matter was listed on 01.12.2023 once again adjournments were sought for to obtain instruction in terms of this Court's order dated 17.10.2023. When the matter is listed today, Mr. A. Hussain, learned counsel for the petitioners submits that they have no connection with the petitioners and could not obtain any instruction till date to take steps. In that view the matter, this Court closes this contempt petition for want of steps with a liberty to the petitioners to file necessary application for re-opening the case, if so advised. Accordingly, this contempt petition stands closed. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010177732015 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCont.Cas(C)/467/2015o MD.oRAFIKoALIo319oando3oORS.o S/O-oMD.oMAHAMMADSHAoALI,oR/OoVILL.oandoP.O.-oBIHDIA,oP.S.-oBAIHATAo CHARIALI,oDIST.-oKAMRUPoR,oASSAM. 2:oPRAFULLAoCH.oKALITAo320 oS/O-oSRIoPAKHIRAMoKALITA oR/OoVILL.oandoP.O.-oBIHDIA oP.S.-oBAIHATAoCHARIALI oDIST.-oKAMRUPoR oASSAM. 3:oTAFIKoALIo321 oS/O-oMD.oALIBORoALI oR/OoVILL.oandoP.O.-oBIHDIA oP.S.-oBAIHATAoCHARIALI oDIST.-oKAMRUPoR oASSAM. 4:oMANJURoALIo322 oS/O-oMD.oPAHARSHAoALI oR/OoVILL.oandoP.O.-oBIHDIA oP.S.-oBAIHATAoCHARIALI oDIST.-oKAMRUPoR oASSAMo VERSUSo MANISHoTHAKURoando3oORS.o THEoCOMMISSIONERoANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oHEALTHoANDo FAMILYoWELFAREoDEPTT.,oDISPUR,oGHY-o6. 2:SRIoR.oBAISHYA oDIRECTORoOFoHEALTHoSERVICESoMALARIA oASSAM Page No.# 2/3 HENGRABARI GHY- 36 KAMRUP M ASSAM. 3:BISHNU KAMAL BARDOLOI THE JOINT DIRECTOR OF HEALTH SERVICE HENGRABARI GHY- 36 KAMRUP ASSAM. 4:RITUPARNA RAJKONWAR DIST. MALARIA OFFICER AMINGAON KAMRUP ASSAM Advocate for the Petitioner : MRS.K H CHOUDHURY Advocate for the Respondent : MR. B GOGOI BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY