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2025 DAILYLAW 21876 (GAU)

KANIKA DEKA MAZUMDAR v. THE STATE OF ASSAM AND 3 ORS

I.A.(Civil)/1758/2025 · 2025-06-10

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010268182024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1758/2025 KANIKA DEKA MAZUMDAR WIFE OF LATE BIMAL MAZUMDAR, VILL. - MAJDIA, P.O. MUGKUCHI, P.S. NALBARI, PIN- 781334, DIST.- NALBARI, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS NOTICE THROUGH THE SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE (A) DEPARTMENT, DISPUR 2:DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI-36 3:JOINT DIRECTOR OF HEALTH SERVICE BAKSA MUSHALPUR BTAD 4:ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI-29 ASSA Advocate for the Petitioner : MR D CHOUDHURY, MR S DIFUSA Advocate for the Respondent : SC, HEALTH, SC, AG (A AND E),SC, BTC Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 11.06.2025 Heard Mr. M. Choudhury, learned counsel for the applicant. Also heard Ms. S. Sharma, learned Standing Counsel, Health Department. 2. This application has been filed seeking impleadment of the Director of AYUSH, Assam as the respondent no.5 in the accompanying writ petition being WP(C) No.3036/2024. It is submitted that the prayer in the writ petition is for direction to the respondents to consider pay revision in regard to the family pension received by the applicant/petitioner in respect of the service rendered by her late husband. The applicant’s/ petitioner’s husband was serving as a Medical Officer (AYUSH) in the district of Baksa. 3. In that view of the matter and in order to adjudicate the claims of the applicant/petitioner, the Director of AYUSH, Assam is required to be arrayed as it is a necessary party. 4. Learned counsel for the respondents at this stage does not objected to the prayer made. 5. Since this application is filed seeking impleadment of a fresh respondent, this Court is of the view that the application can be allowed at this stage without Page No.# 3/3 issuing notice as the newly impleaded respondent i.e. the Director of AYUSH, Assam will have ample opportunity to respond to the claims made by the applicant/petitioner by filing objection and affidavit in the accompanying writ petition. Accordingly, this Interlocutory Application stands allowed. 6. “The Director of AYUSH, Assam” is arrayed as the respondent no. 5 in the WP(C) No.3036/2024. The applicant/petitioner will file amended cause tile before the Registry within 1 (one) week from today. 7. Interlocutory Application stands disposed of. JUDGE Comparing Assistant