Page No.# 1/4 vs Laxmi Devi @ Lakhimi Devi And 8 Ors
2022 Latest Caselaw 4500 Gua

                                                                 Page No.# 1/4

GAHC010224452022




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : Review.Pet./172/2022

         THE UNION OF INDIA AND 2 ORS.
         REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HEALTH
         AND FAMILY WELFARE, NEW DELHI

         2: THE DIRECTOR

         LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL
         HEALTH
         TEZPUR
         784001
         DIST SONITPUR
         ASSAM

         3: THE CHIEF ADMINISTRATIVE OFFICER

         LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL
         HEALTH
         TEZPUR
         784001
         DIST SONITPUR
         ASSA

         VERSUS

         LAXMI DEVI @ LAKHIMI DEVI AND 8 ORS
         W/O LATE BUL BARTHAKUR,
         RESIDENT OF VILLAGE GHARPARA CHUBURI , LALIT BARUAH PATH, PO
         TEZPUR, DIST SONITPUR, ASSAM 784001

         2:ESTHER GEORGE
          C/O LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF
         MENTAL HEALTH
         TEZPUR
          784001
                                                         Page No.# 2/4

DIST SONITPUR
ASSAM

3:PURNIMA NARZARY
W/O LATE GOKUL DEORI

R/O LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF
MENTAL HEALTH
TEZPUR
784001
DIST SONITPUR
ASSAM

4:MANJUMA HAZARIKA
W/O SRI PRASANNA SARANIA
C/O LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF
MENTAL HEALTH
TEZPUR
 784001
 DIST SONITPUR
ASSAM

5:TILLOTTOMA BRAHMA
W/O KULDIP BASUMATARY

D/O SACHINDRA NATH BRAHMA

C/O LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF
MENTAL HEALTH
TEZPUR
784001
DIST SONITPUR
ASSAM

6:JOYSHREE DUTTA

W/O SRI BIJIT KUMAR GOGOI

C/O LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF
MENTAL HEALTH
TEZPUR
784001
DIST SONITPUR
ASSAM

7:DHARMEN NAIDU

S/O LATE DHARAMDAS NAIDU
                                                                          Page No.# 3/4


            PERMANENT RESIDENT OF FULBARI TEA ESTATE
             PO BALIPARA
            DIST SONITPUR
             ASSAM
             784101
            PRESENTLY RESIDING AT LOKOPRIYA GOPINATH BORDOLOI REGIONAL
            INSTITUTE OF MENTAL HEALTH
             TEZPUR
             784001
             DIST SONITPUR
             ASSAM

            8:KALPANA HAZARIKA

             W/O SRI ACHYUT BORAH

            RESIDENT OF VILLAGE SANTIBAN
            DEWRIGAON
            PO KETEKIBARI
            DIST SONITPUR
            ASSAM 784154

            9:HE COMPTROLLER AND AUDITOR GENERAL OF INDIA (CAG)
             DEEN DAYAL UPADHAYA MARG
             NEW DELHI 11012

Advocate for the Petitioner   : MR. A K DUTTA

Advocate for the Respondent : SC, AG




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                         ORDER

16.11.2022 Heard Mr. A.K. Dutta, learned CGC who submits that the impugned Judgment & Order dated 13.09.2022 passed in WP(C) No. 258/2022 and 7 Other writ petitions should be reviewed, inasmuch as, the writ petitioners are holding Grade-II post and not Grade-III post. He also submits that the writ petitioners had given undertakings that any excess payment made to them and Page No.# 4/4

which was noticed subsequently, would be refunded by them. The learned CGC also submits that the Apex Court, in the case of High Court of Punjab & Haryana Vs. Jagdev Singh, reported in (2016) 14 SCC 267, has held that an Officer who has furnished an undertaking that excess payment made to him would be refunded, were bound by the undertaking given.

Issue notice, returnable in 4 weeks.

Mr. R.K. Talukdar, learned counsel accepts notice on behalf of the Comptroller and Auditor General of India (CAG).

Petitioner to take steps for service of notice upon the private respondents by registered post with A/D within 10 days.

List the matter after 4 (four) weeks.

In the interim, the impugned Judgment & Order dated 13.09.2022 passed in WP(C) No. 258/2022 shall remain suspended till the next date.

JUDGE

Comparing Assistant