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2025 DAILYLAW 26124 (GAU)

SMTI ANJALI PRABHA DAIMARI v. THE BODOLAND TERRITORIAL COUNCIL,

I.A.(Civil)/3509/2025 · 2025-11-09

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010241952025 2025:GAU-AS:15164 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3509/2025 SMTI ANJALI PRABHA DAIMARI DAUGHTER OF LATE REV. STEPHEN DAIMARY, R/O KANISHKA APARTMENT, SEUJ PATH, OPPOSITE TO 47 BRTF, P.O. GAUHATI UNIVERSITY, DISTRICT KAMRUP METRO, PIN 781014 VERSUS THE BODOLAND TERRITORIAL COUNCIL, REPRESNTED BY THE PRINCIPAL SECRETARY TO THE BODOLAND TERRITORIAL COUNCIL, BODOFA NWGWR, KOKRAJHAR-783370 2:THE SECRETARY OF EDUCATION DEPARTMENT BODOLAND TERRITORIAL COUNCIL BODOFA NWGWR KOKRAJHAR-78337 Advocate for the Petitioner : MR A SARANIA, MR. M SARANIA,MR R.BEZBARUAH,N GOGOI Advocate for the Respondent : SC. BTC, SC, HIGHER EDU Linked Case : WP(C)/505/2023 ANJALI PRABHA DAIMARI D/O- LATE (REV.) STEPHEN DAIMARI RESIDENT OF KANISHKA APARTMENT SEUJI PATH Page No.# 2/4 OPPOSITE TO 47 BRTF P.O.- GAUHATI UNIVERSITY DISTRICT- KAMRUP(M) PIN- 781014 ASSAM. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION (HIGHER) DEPARTMENT DISPUR GUWAHATI- 781006. 2:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019. 3:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL COUNCIL BODOFA NWGWR KOKRAJHAR ASSAM. 4:THE ACCOUNTANT GENERAL ( A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI- 781029. 5:THE DIRECTORATE OF PENSION HOUSEFED COMPLEX LAST GATE GUWAHATI 781005 KAMRUP M ASSAM. Page No.# 3/4 6:THE PRINCIPAL BARAMA COLLEGE P.O.- BARAMA DISTRICT- BAKSA BTAD PIN- 781346. ------------ Advocate for : MS. B BHUYAN Advocate for : SC HIGHER EDU appearing for THE STATE OF ASSAM AND 5 ORS BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 10-11-2025 Heard Mr. N. Gogoi, learned counsel for the applicant. Also heard Ms. Geeta Rani Mahilary, learned counsel for the opposite party Nos. 1 & 2, and Mr. S. K. Medhi, learned counsel for the opposite party No. 4. The applicant has filed this application praying for impleadment of opposite parties, namely, the Bodoland Territorial Council and the Secretary of Education Department, Bodoland Territorial Council, in the connected writ petition, being WP(C) No. 505/2023. The applicant/petitioner has filed the connected writ petition, being WP(C) No. 505/2023, challenging the action of deducting amount from the pensionary benefits. The applicant, who was working as an Associate Professor in the department of Bodo, MIL at Barama College, has taken voluntary retirement under VRS Scheme after serving 27 (twenty seven) years in the college. It is the contention of the applicant that while filing the connected writ petition, Page No.# 4/4 the opposite parties have not been arrayed as party respondents inadvertently. Therefore, prays that since the applicant was working under the opposite parties and the action impugned is by the said authorities, the opposite parties may be allowed to be impleaded as respondent Nos. 7 & 8 in the connected writ petition. The learned counsel representing the opposite parties as well as other respondents fairly submit that they would not have any objection as the opposite parties, who are sought to be impleaded, are the necessary parties. Having considered that the applicant has challenged the action of the opposite parties in deducting amount from the pensionary benefits by way of recovery as an excess payment and considering that the applicant was working under the opposite parties, I deem it appropriate to allow this application. Accordingly, the opposite parties, namely, the Bodoland Territorial Council and the Secretary of Education Department, Bodoland Territorial Council, are allowed to be impleaded as respondent Nos. 7 & 8 in the connected writ petition, being WP(C) No. 505/2023. The interlocutory application stands disposed of. JUDGE Comparing Assistant