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GAHC010116442023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3136/2023
TAMIZ ALI
SON OF ROMUZ ALI,
RESIDENT OF VILLAGE AND P.O. PINGALESWAR,
P.S.- BAIHATA CHARIALI,
PIN- 781381, DISTRICT- KAMRUP(R),
ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY ITS COMMISSIONER AND SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY WELFARE(A),
DISPUR, GUWAHATI- 781006
2:THE UNDER SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE(A) DEPTT.
DISPUR
GUWAHATI-6.
3:THE DIRECTOR OF HEALTH SERVICES
ASSAM
HENGRABARI
GUWAHATI-36.
4:THE JOINT DIRECTOR OF HEALTH SERVICES (T)
S.H.T.O.
NARENGI
GUWAHATI-71.
5:THE ACCOUNTANT GENERAL
ASSAM
MAIDAMGAON
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GUWAHATI-29
Advocate for the Petitioner : MR D K ROY
Advocate for the Respondent : SC, HEALTH
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
02.06.2023 Heard Mr. D. K. Roy, learned counsel for the petitioner. The petitioner herein had retired from service on 31.12.2017 as Laboratory Assistant. Contending that the petitioner is entitled to financial benefit as has been awarded to the appellant in Writ Appeal No.290/2021 in terms of the judgment and order dated 23.11.2021 passed therein, the instant writ petition has been filed.
According to Mr. Roy, the case of his client is covered by the judgment and order dated 23.11.2021 passed in Writ Appeal No.290/2021. Mr. B. Gogoi, learned Standing Counsel, Health & Family Welfare Department, Assam submits that he has objection to the maintainability of the writ petition on the ground of delay and latches and therefore, be granted four weeks time to file affidavit.
In view of the above, issue notice of motion returnable in four weeks. Since Mr. B. Gogoi, learned Standing Counsel, Health & Family Welfare Department, Assam has entered appearance and accepted notice on behalf of respondent Nos.1 to 4 and Mr. A. Hasan, learned Standing Counsel, office of the Accountant General (A & E), Assam has accepted notice on behalf of respondent No.5, service of notice is deemed to be complete in this case.
Page No.# 3/3 However, extra copies of the writ petition, requisite in numbers, be furnished to the learned departmental counsel within a week from today so as to enable them to obtain instruction and file affidavit. Let this matter be listed again for admission by showing the name of learned departmental counsel in the Cause List.
List this case along with WP(C) Nos.3130/2023, 3133/2023 and 3134/2023.
JUDGE Comparing Assistant