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2025 DAILYLAW 16497 (GAU)

MISS PAMPA SARKAR v. THE STATE OF ASSAM ANDORS

I.A.(Civil)/2338/2025 · 2025-08-19

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010162512025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2338/2025 MISS PAMPA SARKAR D/O. LATE JAMINI KANTA SARKAR, HOUSE NO. 116, BHASKAR NAGAR, TRIBENI PATH, P.O. BINOVANAGAR, GUWAHATI- 781018, DIST. KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM ANDORS AS REP. BY THE CHIEF SECRETARY, GOVT. OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-6, DIST. KAMRUP (M), ASSAM. 2:THE SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6 DIST. KAMRUP (M) ASSAM. 3:THE INSPECTOR GENERAL OF PRISONS ASSAM KHANAPARA GUWAHATI- 781022 DIST. KAMRUP (M). 4:THE SUPERINTENDENT CENTRAL JAIL TEZPUR P.O. AND DIST. SONITPUR 784001 ASSAM. 5:THE COMMISSIONER AND SECRETARY Page No.# 2/3 TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI 0 Advocate for the Petitioner : MR. T ROY, MS M ROY,MR B MALAKAR Advocate for the Respondent : GA, ASSAM, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 20.08.2025 Heard Mr. M. Roy, learned counsel for the applicant. Also heard Mr. J.K. Goswami, learned Government Advocate for the respondents no. 1 – 4 and Ms. R.M. Baruah, learned Standing Counsel for the Finance Department. This interlocutory application has been filed seeking the impleadment of the Finance Department, as the learned counsel for the petitioner submits that the issue in the writ petition pertains to seeking a direction for the grant of pension to the petitioner. It is submitted that the Finance Department is a necessary party in the matter; therefore, the application has been filed seeking their impleadment in the accompanying petition no. WP(C)/3432/2025. The omission to implead the Finance Department earlier was due to an oversight. Mr. J.K. Goswami, learned counsel representing the opposite parties Nos. 1 to 4, does not object to the prayer made. Similarly, Ms. R.M. Baruah, learned counsel representing the Finance Department, also does not object to the prayer. Accordingly, having considered the submissions made by the learned Page No.# 3/3 counsels for the parties, the Court finds that since the issue pertains to the release of pension to the petitioner, who claims to be the dependent legal heir of the deceased employee, the presence of the Finance Department as a party respondent is necessary. Accordingly, I.A. stands allowed. The prayer for impleading the Finance Department as a party respondent is allowed. The Finance Department shall be arrayed as respondent No. 7 in WP(C)/3432/2025. The petitioner shall file an amended cause title within a period of one week from today. JUDGE Comparing Assistant