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2025 DAILYLAW 15634 (GAU)

MANIK CHANDRA BHATTACHARJEE v. THE STATE OF ASSAM and 3 ORS

WP(C)/7221/2017 · 2025-08-12

Kaushik Goswami

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010149612017 2025:GAU-AS:10772 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7221/2017 MANIK CHANDRA BHATTACHARJEE S/O LATE JANAKI NATH BHATTACHARJEE, VILL- PURNA DOICHAPARA, PO- LAHKARPARA SAUKUCHI, NALBARI, ASSAM VERSUS THE STATE OF ASSAM and 3 ORS REP. BY THE SECRETARY, GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPTT., DISPUR, GUWAHATI-6 2:THE DIRECTOR OF HEALTH SERVICES FW ASSAM SWASTHYA BHAWAN HENGERABARI GUWAHATI-36 3:THE ADDITIONAL CHIEF MEDICAL AND HEALTH OFFICER FW KAMRUP GUWAHATI-1 4:THE COMMISSIONER OF FINANCE GOVT. OF ASSAM DISPUR GUWAHATI- Advocate for the Petitioner : MSR D KAKATI, MR.B KUMAR,MR.P SARMAH,MR.S K SINGHA,MR.S UPADHAY Advocate for the Respondent : SC, HEALTH, MR.R BORPUJARI(SC, FINANCE) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 13.08.2025 Heard Mr. S. Upadhaya, learned counsel appearing for the petitioner. Also heard Mr. D. Borah, learned counsel appearing for the respondent Nos.1, 2 and 3. By way of this petition under Article 226 of the Constitution of India, the petitioner is seeking release of the arrear salary of the petitioner for a period from 01.12.2004 to 03.01.2006. It appears that this matter has been pending since 2017, and the respondents have not submitted return till date. It further appears that a representation has also been filed before the respondents for considering release of the arrear salary allegedly due to the petitioner for a period from 01.12.2004 to 03.01.2006. Mr. S. Upadhaya, learned counsel appearing for the petitioner, submits that since the matter has been pending for a long time, this court may consider disposing of the writ petition at the admission stage itself by directing the respondents to consider the representation, which was filed before the respondent authorities way back on 18.09.2017. Mr. D. Borah, learned counsel appearing for the respondent Nos.1, 2 and 3, does not object to the same. In view of the aforesaid endorsement made by the learned counsel for the parties and in the interest of justice, this court deems it appropriate to dispose of the instant writ petition by directing the Page No.# 3/3 respondent authorities to consider the representation dated 18.09.2017 filed before the respondent No.2 within a period of 3 (three) weeks from the date of receipt of the certified copy of this order. It is needless to clarify that the petitioner shall also furnish a copy of the writ petition, with the annexures along with the certified copy of the court’s order, to the respondents for doing the needful. Accordingly, the writ petition stands disposed of. JUDGE Comparing Assistant