Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 12308 (GAU)

JAYANTA DAS AND ORS v. SMTI ASSAMI DAS MOTAK AND ORS

I.A.(Civil)/1526/2025 · 2025-06-15

N Unni Krishnan Nair

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010062452025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1526/2025 JAYANTA DAS AND ORS S/O MATHURA DAS RESIDENT OF CHILATHIA BRAHMAJAN PS GOHPUR DIST BISWANATH ASSAM PO BRAHMAJAN 784172 2: JAYANTI DAS W/O RATUL DAS RESIDENT OF CHILATHIA BRAHMAJAN PS GOHPUR DIST BISWANATH ASSAM PO BRAHMAJAN 784172 3: TILESHWAR DAS S/O LATE ABHAY DAS RESIDENT OF CHILATHIA BRAHMAJAN PS GOHPUR DIST BISWANATH ASSAM PO BRAHMAJAN Page No.# 2/4 784172 VERSUS SMTI ASSAMI DAS MOTAK AND ORS W/O- LATE MOTHURA MOTAK R/O- VILL.- RANGSALI SONARI P.O- JANATA PIN- 784179 P.S- BIHALI DIST.- BISWANATH ASSAM 2:THE STATE OF ASSAM REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF IRRIGATION DISPUR GUWAHATI 781006 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT GUWAHATI-6 DISPUR ASSAM 4:THE DIRECTOR OF PENSION ASSAM HOUSEFED GUWAHATI-06 DISPUR ASSAM 5:THE OFFICE OF ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI. 6:THE TREASURY OFFICER BISWANATH DIST.- BISWANATH ASSAM 7:THE CHIEF ENGINEER IRRIGATION DEPARTMENT CHANDMARI GUWAHATI ASSAM- 781003. Page No.# 3/4 8:THE EXECUTIVE ENGINEER OF BISWANATH BEHALI DIVISION (IRRIGATION) BISWANATH CHARIALI BISWANATH- 784176. 9:THE ASSTT. EXECUTIVE ENGINEER BEHALI SUB-DIVISION (IRRIGATION) BEHALI DIST.- BISWANATH PIN-784179. ------------ Advocate for : MR M H AHMED Advocate for : GA ASSAM appearing for SMTI ASSAMI DAS MOTAK AND ORS BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 16.06.2025 1. Heard Mr. M. H. Ahmed, learned counsel for the applicants. Also heard Mr. M. Borah, learned counsel appearing for the opposite party no.1/Writ petitioner. 2. The Writ Petition being WP(C)/No.1700/2025 was instituted by the petitioner praying a direction upon the respondent authorities for being authorized the pension and pensionary benefits in respect of the services rendered by her husband Mothura Motak. The present interlocutory application has been instituted by the son and daughter of late Mothura Motak from his first wife and his father. 3. The applicants state that they are entitled to a share in the other pensionary benefits that would now be required to be released by the authorities on account of the services rendered by deceased Mothura Motak. Page No.# 4/4 4. The applicants in the interlocutory application have also contended that they would not be claiming the family pension that would now be required to be authorized to the opposite party no.1/ Writ petitioner, and they would be limiting their claim to gratuity, leave encashment, GPF etc. 5. In view of the above, this Court is of the considered opinion that the applicants are necessary parties in the proceeding of the WP(C)/No.1700/2025 and accordingly the present applicants are impleaded as respondent nos.9, 10 & 11. 6. With the above directions, the present Interlocutory Application stands disposed of. JUDGE Comparing Assistant