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2025 DAILYLAW 13394 (GAU)

DWIPEN THAKURIA v. THE STATE OF ASSAM AND 4 ORS

WP(C)/3134/2023 · 2025-09-10

Rajesh Mazumdar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC010116412023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP(C)/3133/2023 NRIPEN DUTTA MAZUMDAR RESIDENT OF SEWALI PATH P.S.- HATIGAON GUWAHATI- 781038 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) Page No.# 2/5 S.H.T.O. NARENGI GUWAHATI-71. 5:THE ACCOUNTANT GENERAL ASSAM MAIDAMGAON GUWAHATI-29. ------------ Advocate for : MR D K ROY Advocate for : SC HEALTH appearing for THE STATE OF ASSAM AND 4 ORS Linked Case : WP(C)/3136/2023 TAMIZ ALI SON OF ROMUZ ALI RESIDENT OF VILLAGE AND P.O. PINGALESWAR P.S.- BAIHATA CHARIALI PIN- 781381 DISTRICT- KAMRUP(R) 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 Page No.# 3/5 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. ------------ Advocate for : MR D K ROY Advocate for : SC HEALTH & FAMILY WELFARE DEPTT. appearing for THE STATE OF ASSAM AND 4 ORS Linked Case : WP(C)/3134/2023 DWIPEN THAKURIA SON OF LATE DHARMESWAR THAKURIA RESIDENT OF RANGPUR NAGAR HENGRABARI P.S.- DISPUR GUWAHATI- 781036 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. Page No.# 4/5 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. ------------ Advocate for : MR D K ROY Advocate for : SC HEALTH & FAMILY WELFARE DEPTT. appearing for THE STATE OF ASSAM AND 4 ORS BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 11.09.2025 Heard Mr. M. Deka, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned counsel appearing for the respondent No.5 and Mr. B. Gogoi, learned Additional AG appearing for the respondents No. 1 to 4. The primary grievance in the writ petition expressed at the Bar is that the writ petitioners were not being afforded the benefits that were granted by this Court by the order dated 23.11.2021, passed in WA 290/2021. Today Mr. B. Sarma and Mr. B. Gogoi, learned counsel have submitted that the petitioners have been afforded the revised pension as per the orders passed in the WA 290/2021 and therefore, the matters may become infructuous. Learned counsel for the petitioners has stated that although the revised pension has Page No.# 5/5 been fixed and is being paid as per the revision of pay afforded to the petitioners, they have not been afforded arrears of the revision of pay. In view of the submission, the writ petitions are hereby disposed of directing the respondents No. 1 to 4 to take immediate steps for release of the arrear of pay and other pensionary benefits at the revised rate, if not already paid as per revised pay (as per the notification dated 25.03.2003) which was afforded to the petitioners. The payment of arrear shall be made expeditiously not later than 3 (three) months from the date of receipt of the certified copy of this order. JUDGE Comparing Assistant