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2025 DAILYLAW 16166 (GAU)

SUNIT BHUSAN MAZUMDER v. THE STATE OF ASSAM AND 6 ORS

I.A.(Civil)/1040/2025 · 2025-06-19

Soumitra Saikia

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Judgment text

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Page No.# 1/4 GAHC010156932024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1040/2025 SUNIT BHUSAN MAZUMDER S/O LATE UPENDRA MAZUMDER, WORK CHARGE, KHALASI(RETIRED ON 30.06.2020) UNDER PHE DIVISION, HAILAKANDI, R/O VILL-BISHNUPUR, P.O.-ANILGARH, DIST-KARIMGANJ, ASSAM, PIN-788156 VERSUS THE STATE OF ASSAM AND 6 ORS COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF PUBLIC HEALTH ENGINEERING, ASSAM CIVIL SECRETARIAT, DISPUR, GUWAHATI, ASSAM, PIN-781006 2:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING ASSAM HENGRABARI GUWAHATI ASSAM PIN-781036 3:THE ADDITIONAL CHIEF ENGINEER PHE BARAK VALLEY ZONE SILCHAR GUNGUR DIST-CACHAR ASSAM PIN-788014 4:THE SUPERINTENDENT ENGINEER PHE HAILAKANDI CIRCLE Page No.# 2/4 DIST-CACHAR ASSAM 5:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING HAILAKANDI PUBLIC HEALTH ENGINEERING DIVISION HAILAKANDI DIST-HAILAKANDI ASSAM 6:THE ACCOUNTANT GENERAL ASSAM MAIDAMGOAN BELTOLA GUWAHATI ASSAM PIN-781029 7:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF FINANCE ASSAM CIVIL SECRETARIAT DISPUR GUWAHATI ASSAM PIN-78100 Advocate for the Petitioner : MR. A K DUTTA, MR. B PURKAYASTHA Advocate for the Respondent : SC, P H E, MR. S K MEDHI, SC, AG (R-6),MR. I BARTHAKUR, SC, PHE DEPTT.,SC, AG,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 20.06 .2025 Heard Mr. B. Purkayastha, learned counsel for the applicant. Also heard Mr. I. Borthakur, learned Standing Counsel, PHE Department, Ms. R.P. Saikia, learned counsel on behalf of Mr. S.K. Medhi, learned Standing Counsel, Accountant General for the respondent No.6. Page No.# 3/4 This Interlocutory Application has been filed by the applicant/petitioner praying for correction of his designation as Work Charge Khalasi instead of Pump Operator. It is submitted by the learned counsel for the applicant that in the cause title the designation of the applicant/petitioner was wrongly reflected as Pump Operator where it should be reflected as Work Charge Khalasi, therefore, notwithstanding the disposal of the writ petition along with the other connected matter, the order could not be implemented in view of the inadvertent error which has crept in at the time of filing the writ petition. The learned counsel for the applicant therefore seeks a direction from the Court that the designation of the writ petitioner in WP(C) No. 5418/2021 may be corrected as Work Charge Khalasi instead of Pump Operator. On earlier occasion Mr. I. Borthakur, learned Standing Counsel, PHE Department was permitted time to obtain his instructions. Mr. I. Borthakur, today has appeared and submitted on instructions that the records available in the office of the respondent clearly shows that the petitioner was engaged as a Work Charge Khalasi, therefore it is submitted that the Interlocutory Application may be allowed correcting the designation of the petitioner as prayed for. Ms. R.R. Saikia, learned counsel appears on behalf of Mr. S.K. Medhi, learned Standing Counsel, AG appearing for the respondent No.6 does not object to the prayer made. In view of above the Interlocutory Application stands allowed. The cause titled reflected in the order dated 20.06.2024 disposing of the bunch of writ Page No.# 4/4 petitions including the WP(C) No. 5418/2021 the designation of the writ petitioner therein namely Sunit Bhusan Mazumder will be read as Work Charge Khalasi instead of Pump Operator. This interlocutory application is accordingly, disposed of. This order shall be read together with the order dated 20.06.2024 passed in WP(C) No. 6582/2023 and other connected with petitions including the WP(C) No. 5418/2021. JUDGE Comparing Assistant