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2025 DAILYLAW 21570 (GAU)

SURAJ KUMAR CHUTIA, v. THE STATE OF ASSAM AND ORS

I.A.(Civil)/203/2025 · 2025-02-16

Kaushik Goswami

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010261102024 2025:GAU-AS:1637 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/203/2025 SURAJ KUMAR CHUTIA, S/O- LATE LAKHESWAR CHUTIA, R/O VILL.- LATHIA, P.O. GOGAMUKH, P.S. GOGAMUKH, DIST. DHEMAJI, ASSAM, PIN- 782403. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HEALTH DEPARTMENT DISPUR GUWAHATI-781006. 3:THE CHAIRMAN OF STATE LEVEL COMMITTEE (SLC) FOR APPOINTMENT ON COMPASSIONATE GROUND DISPUR GHY-781006. 4:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT BLOCK-D GROUND FLOOR ASSAM SECRETARIAT DISPUR GHY-781006. 5:THE JOINT DIRECTOR OF HEALTH SERVICES DHEMAJI ASSAM PIN- 787057. Page No.# 2/3 6:THE DISTRICT COMMISSIONER-CUM-CHAIRMAN OF DISTRICT LEVEL COMMITTEE (DLC) DHEMAJI FOR APPOINTMENT ON COMPASSIONATE GROUND DHEMAJI ASSAM PIN- 787057. 7:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PERSONAL DEPARTMENT DISPUR GUWAHATI- Advocate for the Petitioner : MR. A M AHMED, MRS S RAHANA,P. GHOSH,B DAS Advocate for the Respondent : GA, ASSAM, SC, HEALTH BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 17.02.2025 Heard Mr. A.M. Ahmed, learned counsel appearing for the applicant. Also heard Mr. D. Bora, learned Government Advocate appearing for the State and Ms. D. Bora, learned Standing Counsel appearing for the Health Department. By way of this application, the applicant is seeking impleadment of “The Commissioner & Secretary to the Government of Assam, Personal Department, Dispur, Guwahati-06” as a party respondent in WP(C) No.6334/2024. It appears that in the aforesaid writ petition, the legality and validity of the decision of the respondent authorities by Office Memorandum dated 18.09.2024 is challenged. Page No.# 3/3 It appears that in view of the aforesaid challenge made The Commissioner & Secretary to the Government of Assam, Personal Department, Dispur, Guwahati-06 is a necessary and essential party for effective adjudication of the lis-in-hand. Mr. D. Bora, learned Government Advocate appearing for the State and Ms. D. Bora, learned Standing Counsel appearing for the Health Department fairly concedes that they have no objection to the impleadment sought. In view of the aforesaid, the Commissioner & Secretary to the Government of Assam, Personal Department, Dispur, Guwahati-06 is arrayed as a respondent in the WP(C) No.6334/2024. Impleadment is allowed. Let an amended cause-title be submitted before the Registry for doing the needful. Accordingly, the I.A stands disposed of. JUDGE Comparing Assistant