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2025 DAILYLAW 13356 (GAU)

HYDER HUSSAIN v. THE STATE OF ASSAM AND 4 ORS

WP(C)/3130/2023 · 2025-09-10

Rajesh Mazumdar

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/2 GAHC010116412023 2025:GAU-AS:12425 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3130/2023 HYDER HUSSAIN SON OF LATE YAKUB HUSSAIN, RESIDENT OF BELTOLA, BONGAON, P.O.- BASISTHA, GUWAHATI-28, DISTRICT- KAMRUP(M), ASSAM. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY ITS COMMISSIONER AND SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE(A), DISPUR, GUWAHATI- 781006. 2:THE UNDER SECRETARY TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE(A) DEPTT. DISPUR GUWAHATI-6. 3:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI-36. 4:THE JOINT DIRECTOR OF HEALTH SERVICES (T) S.H.T.O. NARENGI GUWAHATI-71. 5:THE ACCOUNTANT GENERAL ASSAM MAIDAMGAON GUWAHATI-29 Page No.# 2/2 Advocate for the Petitioner : MR D K ROY, MR. M DEKA Advocate for the Respondent : SC, HEALTH, MR. B GOGOI,MR. A HASAN (R-5),SC, AG (A AND E),MR. B GOGOI (R-1 TO R-4),SC, HEALTH AND F W,SC, AG BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 11.09.2025 Heard Mr. M. Deka, learned counsel for the petitioner. Also heard Mr. R. Boro, learned counsel appearing for the respondent No.5. It is taken note of that the respondents have produced an instruction dated 15.02.2024, containing other communications, which reflects that the revised IPS for the concerned revised pay for 1996 and 2010 and revised pension has been afforded to the petitioner. It is submitted at the Bar that the petitioner has met his demise during the pendency of the writ petition. Learned counsel for the petitioner submits that the matter relates to the service condition of the petitioner, the same may be considered to be abated on the death of the petitioner. In view of the above, the writ petition stands closed. However, the respondents are requested to release the arrear salary of the petitioner, if any, consequent to the revision of pay to the holder of the family pension of the petitioner, if any, within a period of 3 (three) months from today. Learned counsel for the respondents is requested to forward a downloaded copy of this order to the concerned authorities to do the needful. JUDGE Comparing Assistant