Page No.# 1/4 GAHC010160902021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) : I.A.(Civil)/2167/2023 THE COMPTROLLER AND AUDITOR GENERAL (CAG) OF INDIA DEEN DAYAL UPADHYAYA MARG NEW DELHI- 110124. VERSUS GEDEK YOMCHA AND 4 ORS. W/O. PARMAR GADI R/O. L.G.B. INSTITUTE OF MENTAL HEALTH COMPLEX TEZPUR DISTRICT- SONITPUR ASSAM. PIN- 784001. 2:THE UNION OF INDIA THROUGH THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE NEW DELHI. 3:THE DIRECTOR LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR- 784001 DISTRICT- SONITPUR ASSAM. 4:THE ADMINISTRATIVE OFFICER LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR- 784001 Page No.# 2/4 DISTRICT- SONITPUR ASSAM. 5:NORTH EASTERN COUNCIL REPRESENTED BY THE CHAIRMAN ROOM NO. 410 1ST FLOOR NEW SECRETARIAT NONGRIM HILLS SHILLONG MEGHALAYA-793003. ------------ Advocate for : MR. R K TALUKDAR Advocate for : MR. A K DUTTA appearing for GEDEK YOMCHA AND 4 ORS. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 24.03.2025 Interlocutory Application (C) No. 2167/2023 has been filed by the Comptroller and Auditor General (CAG) of India praying for deletion of his name from the array of the respondents in WP(C) No.4092/2022. Mr. RK Talukdar, learned counsel for the applicant submits that Comptroller and Auditor General (CAG) of India is not a necessary party in the present proceedings and to that effect similar application has been preferred in the other writ petitions also. He has placed a copy of the order passed by a Coordinate Bench in IA(C) No.1345/2023, whereby the Coordinate Bench of this Court by order dated 16.06.2023 had ordered for deletion of the name of the Comptroller and Auditor General (CAG) of India. A Coordinate Bench had held that the Comptroller and Auditor General (CAG) of India is not a necessary party and had directed for deletion of its name from the array of the respondents in Page No.# 3/4 WP(C) No.22/2022. Mr. RK Talukdar prays for similar order as all these matters are connected and raise similar questions of law. The learned counsel for the opposite party/writ petitioner does not object to the prayer made. Accordingly, without issuing notice since there is no objection to the prayer made, this Court proposes to pass necessary order in the Interlocutory Application. It is seen that the claims of the petitioner in the writ petition is putting to challenge the recovery sought to be made for the overpayment by the order dated 25.06.2021 issued by the Administrative Officer of the Lokopriya Gopinath Bordoloi Regional Institute Mental Health, Tezpur where the petitioner was employed. This fact of over payment towards notice was raised by the applicant, namely, the Comptroller and Auditor General (CAG) of India, New Delhi based on the records made in the audit filing by the said the Comptroller and Auditor General (CAG) of India for which the petitioner has filed WP(C) No.4092/2022. A perusal of the writ petition reflects that no claim is made against the Comptroller and Auditor General (CAG) of India. No reliefs are sought for from the Comptroller and Auditor General (CAG) of India. The prayer made in the writ petition is for setting aside and quashing the impugned Office Order dated 25.06.2021 issued by the Administrative Officer of the Lokopriya Gopinath Bordoloi Regional Institute Mental Health, Tezpur and the further prayer is for pay fixation of the petitioner on the appropriate scale as per 6th Central Pay Commission as on 01.01.2006. A prayer is also made for further direction to the respondents Authority not to deduct any amount from the monthly salary of the Page No.# 4/4 petitioner on the plea of excess payment. The averments made in the writ petition also reveal that there is no specific averment or claim made against the Comptroller and Auditor General (CAG) of India. Under such circumstances, this Court is of the view that the Comptroller and Auditor General (CAG) of India is not a necessary party in the proceedings in WP(C) No.4092/2022 and accordingly, this Interlocutory Application stands allowed. The name of the Comptroller and Auditor General (CAG) of India, who is arrayed as the respondent no.4 in WP(C) No.4092/2022, stands deleted. The petitioner will file amended cause title before the Registry within 2 (two) weeks from today. The Registry will thereafter make necessary endorsement in the writ petition. Interlocutory Application stands disposed of. JUDGE Comparing Assistant