Page No.# 1/4 GAHC010216352025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4134/2025 MAMONI SARMA W/O LATE DEBA KANTA SARMA, RESIDENT OF DAKHIN BIDYANAGAR, PO AND DIST HOJAI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE COMM. AND SECY., TO THE GOVT. OF ASSAM, IRRIGATION DEPTT., ASSAM, DISPUR, GHY-06 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM IRRIGATION DEPTT. ASSAM DISPUR GHY-06 3:THE PRINCIPAL SECRETARY KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU ASSAM 4:THE SECRETARY KARBI ANGLONG DISTRICT COUNCIL DIPHU 5:THE CHIEF ENGINEER IRRIGATION DEPTT. ASSAM CHANDMARI GUWAHATI- 781003 6:THE EXECUTIVE ENGINEER Page No.# 2/4 DIPHU MECHANICAL DIVISION (IRRIGATION) BAKALIA RENAMED AS DIPHU DIVISION (IRRIGATION) DIPHU DIST.- KARBI ANGLONG ASSA Advocate for the Petitioner : MS. RUKMINI BARUA, MS PADMINI BARUA Advocate for the Respondent : SC, K A A C, SC, IRRIGATION BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 19.12.2025 Heard Ms. R Barua, learned counsel for the petitioner and Ms. DS Neog, learned Standing Counsel, Irrigation Department and Ms. S. Kemprai, learned counsel for the Karbi Anglong Autonomous Council (KAAC). This Interlocutory Application has been filed by Mamoni Sarma, wife of late Deba Kanta Sarma, who is the legal heir of the late petitioner, namely, Deba Kanta Sarma, to implead her name in the writ petition i.e. WP(C) No.1163/2023. WP(C) No.1163/2023 was filed by Deba Kanta Sarma seeking a direction for regularisation of his services, who was working as a Power Pump Operator since 28-07-1994 in Megasum, LIS, Tumpreng, West Karbi Anglong under Executive Engineer, Diphu Mechanical Division (Irrigation), Bakalia which was renamed as Diphu Irrigation Division Diphu. The late husband of the petitioner Page No.# 3/4 died in harness on 18-03-2025 and during the pendency of the writ petition. It is submitted that since the writ petition is pending and a claim has been made for regularisation of the petitioner, namely the late husband of the applicant, the present application is filed for substituting the name of the applicant in place of the name of her husband. Prayer made is not objected to by the learned Standing Counsel for the respondents appearing for the Karbi Anglong Autonomous Council and Irrigation Department. Considering the submissions made and upon perusal of the pleadings available before the Court, it is seen that the claim of the petitioner, namely, Deba Kanta Sarma in WP(C) No.1163/2023 was for the direction to regularise his services in the post of Power Pump Operator. The pleadings have been exchanged. However, during the pendency of the writ petition, the petitioner expired. Considering the issues raised, the Court is of the view that the claim of regularisation of service of the petitioner, namely, Deba Kanta Sarma in WP(C) No.1163/2023, if accepted by this Court and consequential directions are issued, then the said petitioner would have been regularised in a pensionable service and upon the demise of the petitioner, the present applicant being the widow of Page No.# 4/4 late Deba Kanta Sarma would have been entitled to family pension. Under such circumstances, this Court is of the view that the right to sue survives and the claims made by the petitioner can also be pursued by the widow of the late petitioner, namely, the present applicant in the Interlocutory Application. Accordingly, the Interlocutory Application stands allowed and disposed of. The applicant, namely, Mamoni Sarma is permitted to be substituted in place of late Deba Kanta Sarma in the writ petition. The applicant will file necessary amended cause title before the Registry within 2 (two) weeks from today. A copy of this order will be brought to the notice of the Registrar (Judicial). JUDGE Comparing Assistant