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2025 DAILYLAW 21073 (GAU)

RUPAK DUTTA v. THE STATE OF ASSAM AND 4 ORS

WP(C)/6482/2024 · 2025-06-01

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010250452024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6482/2024 RUPAK DUTTA S/O- MAHODAR DUTTA, R/O- QUARTER NO-G-3, MMCH GUWAHATI, PANBAZAR, KAMRUP (M), ASSAM, PIN-781001 VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR, GUWAHATI-6 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6 3:THE DIRECTOR DIRECTORATE OF HEALTH SERVICE ASSAM HENGRABARI GUWAHATI-781036 4:THE PRINCIPAL CUM CHIEF SUPERINTENDENT GAUHATI MEDICAL COLLEGE HOSPITAL GUWAHATI-32 ASSAM 5:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON Page No.# 2/3 BELTOLA GUWAHATI-781029 Advocate for the Petitioner : MR. H BURAGOHAIN, MS. R BHARALI Advocate for the Respondent : SC, HEALTH, SC, AG (A AND E),SC, FINANCE,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 02.06.2025 Heard Mr. H. Buragohain, learned counsel for the petitioner. Also heard Mr. D Upamanyu, learned Standing Counsel, Health; Mr. D Das, learned counsel appears on behalf of Mr. B. Sarma, learned Standing Counsel, Accountant General for the respondent No. 5. The petitioner approached this Court seeking a direction for release of subsistence allowance. During the course of that proceeding, the department has sanctioned the amount. The learned Standing Counsel, Health submits that in the affidavit filed by the department at Page-21, the respondents have agreed to grant full salary and allowances during the period of suspension. This office order was issued on 06.01.2025. It is submitted that in view of the order dated 06.01.2025, no further grievance of the petitioner survives in the writ petition and accordingly the same should be closed. The learned counsel for the petitioner on the other hand submits that although the order has been passed, the amount has not yet been released. Page No.# 3/3 Accordingly, the writ petition stands closed in view of the order dated 06.01.2025 passed by the respondents. The amount payable to the petitioner should be released as expeditiously as possible within the outer limit of three months from the date of receipt of a certified copy of this order, if not already released in the meantime. JUDGE Comparing Assistant