Page No.# 1/3 GAHC010047742025 2025:GAU-AS:12633 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1347/2025 KISHORE DAS S/O- KRIPESH DAS, R/O- VILL- NELLIE, A.T. ROAD, P.O. NELLIE, P.S. JAGIROAD, DIST- MORIGAON, ASSAM, PIN- 782412. VERSUS THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI- 06. 2:THE DIRECTOR OF HEALTH SERVICES (FAMILY WELFARE) ASSAM SWASTHAYA BHAWAN HENGRABARI GUWAHATI- 781036. 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PUBLIC WORKS (BUILDING AND NH) DEPTT. DISPUR GUWAHATI- 781006. 4:THE CHIEF ENGINEER PUBLIC WORKS (BUILDING) DEPARTMENT ASSAM CHANDMARI GUWAHATI- 781003. 5:THE SUPERINTENDING ENGINEER PUBLIC WORKS DEPARTMENT NAGAON BUILDING CIRCLE Page No.# 2/3 NAGAON ASSAM PIN- 782001. 6:THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT MORIGAON DISTRICT TERRITORIAL BUILDING DIVISION MORIGAON ASSAM PIN- 782105. 7:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06 For the Petitioner(s) : Mr. N. J. Khataniar, Advocate For the Respondent(s) : Mr. A. Chaliha, SC, Finance : Ms. D. Bora, SC, Health BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 15.09.2025 Heard Mr. N. J. Khataniar, the learned counsel appearing on behalf of the Petitioner and Mr. A. Chaliha, the learned Standing counsel appearing on behalf of the Finance Department. I have also heard Ms. D. Bora, the learned Standing counsel appearing on behalf of the Health Department. 2. The Petitioner herein is aggrieved by the non-payment of the amount of Rs.19,98,080/- which have been duly admitted by the Respondent Nos. 1 and 2. 3. This Court vide an order dated 06.08.2025 enquired with the Finance Department i.e. the Respondent No.7 as to why the financial Page No.# 3/3 sanction have not yet been granted inasmuch as, it is the stand of the Respondent Health Department that the said amount have not been paid to the Petitioner on account of non-availability of financial sanction. This aspect of the matter is clear from the instructions so produced by the Standing counsel for the Health and Family Welfare Department dated 10.06.2025 which is kept on record and marked with the letter “X”. 4. Mr. A. Chaliha, the learned Standing counsel appearing on behalf of the Finance Department submitted that on 16.07.2025, the Finance Department have already given the concurrence. In that regard, he has produced an instruction which is kept on record and marked with the letter “Y”. 5. Taking into account that the Respondents have duly admitted the said amount as claimed by the Petitioner and the Finance Department also granted the approval, this Court disposes of the instant writ petition with the following observations and directions. (i) The Respondent Nos. 1 and 2 are directed to disburse the amount of Rs.19,98,080/- to the Petitioner after making the necessary statutory deductions, if so required. (ii) The said exercise be done within a period of 2 (two) months from the date a certified copy of the instant order is served upon the Respondent No.1. JUDGE Comparing Assistant