Page No.# 1/4 GAHC010239162024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : I.A.(Civil)/1383/2025 DR DHRUBA JYOTI CHETIA SON OF SRI CHITRAHAR CHETIA RESIDENT OF QUARTER NO TYPE VI/A1 LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH KALIBARI TEZPUR SONITPUR ASSAM VERSUS THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE NIRMAN BHAWAN NEW DELHI 110011 2:THE CHAIRMAN EXECUTIVE COUNCIL LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH REPRESENTED BY THE SECRETARY HEALTH AND FAMILY WELFARE GOVERNMENT OF INDIA NIRMAN BHAVAN NEW DELHI-110011. 3:THE LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH REPRESENTED BY ITS DIRECTOR Page No.# 2/4 TEZPUR DIST. SONITPUR ASSAM PIN-784001. 4:THE DIRECTOR LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR SONITPUR ASSAM PIN-784001 5:DR. SAILENDRA KUMAR DEURI EX- DIRECTOR LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR SONITPUR ASSAM PIN-784001 ------------ Advocate for : MR K K MAHANTA (Sr. Advocate) Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 01-05-2025 Heard Mr. K.K. Mahanta, learned Sr. counsel assisted by Mr. K.K. Phukan, learned counsel for the applicant. Also heard Mr. K. Gogoi, learned CGC appearing for the opposite party No. 1 and Mr. A.K. Dutta, learned CGC appearing for the opposite party Nos. 2 to 4. Ms. R. Kakati, learned counsel is present on behalf of opposite party No. 5. This I.A., arising out of W.P.(C) No. 6016/2024 instituted by the writ petitioner assailing the order of his premature retirement issued by invoking FR 56(J), has been filed, assailing the order dated 04-04-2025, by means of which the applicant has been Page No.# 3/4 asked to vacate the quarter under his occupation, which has now been allotted to one Dr. Priya Saxena. Mr. Mahanta, learned Sr. counsel for the applicant has argued that till the writ petition is decided on merit, it would be highly arbitrary, unjust and unfair to compel the applicant/ writ petitioner to vacate the residential quarter under his occupation. Hence, the order dated 04-04-2025 is liable to be interfered with by this Court. Mr. A.K. Dutta, learned CGC appearing for the opposite party Nos. 2 to 4 has submits that he would have no objection if the order dated 04-04-2025 qua the applicant/ writ petitioner is interfered with by this Court. The learned counsel for the opposite party No. 1 as well as opposite party No. 5 have also submitted that they would have no submission to make in this I.A. Since the core issue of validity of the order of premature retirement of the writ petitioner is sub-judice in W.P.(C) No. 6016/2024, which is at an advance stage of hearing before this Court and considering the nature of grievance expressed by the applicant in this case and also taking note of the categorical stand of Mr. Dutta that the institution would have no objection, if the prayer made in the I.A. is allowed, this I.A. is being disposed of by providing that the order dated 04-04-2025 qua the applicant/ writ petitioner shall remain suspended until disposal of W.P.(C) No. 6016/2024. In other words, the possession of the applicant/ writ petitioner in respect of the residential quarter under his occupation shall not be disturbed pending disposal of W.P.(C) No. 6016/2024. I.A. stands disposed of. Page No.# 4/4 JUDGE Comparing Assistant