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2025 DAILYLAW 19964 (GAU)

KAHINUR SAYEDA AND ANR. v. THE STATE OF ASSAM AND 6 ORS.

WP(C)/7122/2018 · 2025-08-05

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010220582018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7122/2018 KAHINUR SAYEDA AND ANR. W/O. LATE NOOR HUSSAIN AHMED, D/O- MD. ABDUL KADER 2: SAFINUR AHMED (MINOR) S/O LATE NOOR HUSSAIN AHMED. THE PETITIONER NO. 1 IS REPRESENTING THE PETITIONER NO. 2 AND BOTH ARE PERMANENTLY RESIDING AT- R/O.- H/NO. 85 DEBEN KHAKHLARY PATH DHIRENPARA GUWAHATI- 781025 DIST.- KAMRUP(M) ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND F.W. DEPARTMENT, DISPUR, GUWAHATI- 781006 (ASSAM). 2:THE SECRETARY TO THE GOVT. OF ASSAM FINANCE ESTABLISHMENT (B) DEPTT. DISPUR GUWAHATI- 781006 (ASSAM). 3:THE SECRETARY TO THE GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPTT. DISPUR GUWAHATI- 781006 (ASSAM). 4:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI- 781036 (ASSAM). Page No.# 2/3 5:THE JOINT DIRECTOR OF HEALTH SERVICES GOALPARA ASSAM P.O. NAYAPARA P.S. GOALPARA DISTRICT- GOALPARA ASSAM PIN- 783101. 6:THE ACCOUNTANT GENERAL ASSAM MAIDAMGAON BELTOLA GUWAHATI- 781028 (ASSAM). 7:THE TREASURY OFFICER GOALPARA P.O. AND P.S. GOALPARA DISTRICT- GOALPARA ASSAM PIN- 783101 Advocate for the Petitioner : MR D C K HAZARIKA, MS J KALITA Advocate for the Respondent : SC, HEALTH, MR. R K TALUKDAR,GA, ASSAM,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 06.08.2025 Heard Mr. J. Bezbaruah, learned counsel for the petitioners. Also heard Ms D Bora, learned Standing Counsel, Health Department. Ms. D Bora, learned Standing Counsel, Health Department has placed before the Court copy of the instructions which shows that the writ petitioner has communicated with the Director of Health Services informing that she is drawing the compassionate family pension with effect from 05.01.2018 regularly and there are no more liabilities to be attained from the department and therefore she is requested the department to Page No.# 3/3 take necessary action for closing the present writ petition. The instructions also enclosed a copy of the order regarding payment of sum of Rs. 1,90,216/- for cash payment in lieu of unutilized earned leave. A further order is also enclosed showing sanction for payment of Rs. 3,19,220/- for provisional death- cum-retirement gratuity after deducting Rs. 10,000/-. The order for sanction of grant of compassionate family pension on provisional basis is also enclosed to this set of instructions. Considering the instructions placed before the Court, the writ petition stands closed as the petitioner has received her dues from the department. With the above observation, the writ petition stands disposed of. JUDGE Comparing Assistant