Hitendra Kr. Dutta vs The State Of Assam And 4 Ors
2023 Latest Caselaw 225 Gua

                                                                 Page No.# 1/2

GAHC010085722020




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

                                 Case No. : WP(C)/2570/2020

            HITENDRA KR. DUTTA
            S/O- LATE NANDESWAR DUTTA, R/O- HINDUGAON, WARD NO.5, P.O-
            NORTH LAKHIMPUR, DIST- LAKHIMPUR, ASSAM, PIN- 787001
            VERSUS
            THE STATE OF ASSAM AND 4 ORS
            REP. BY THE COMMISSONER AND SECRETARY TO THE GOVT OF ASSAM,
            DEPTT OF AGRICULTURE, DISPUR, GUWAHATI- 06
            2:THE COMMISSIONER AND SECRETARY
             GOVT OF ASSAM
             DEPTT OF PENSION AND PUBLIC GRIEVANCES
             DISPUR
             GUWAHATI- 06
            3:THE DIRECTOR OF AGRICULTURE
            ASSAM
             KHANAPARA
             GUWAHATI- 22
            4:THE ACCOUNTANT GENERAL (A AND E)
            ASSAM
             MAIDAMGAON
             BELTOLA
             GUWAHATI- 29
            5:THE SECRETARY POLITICAL (VIGILANCE CELL) DEPTT
             GOVT OF ASSAM
             DISPUR
             GUWAHATI- 0

Advocate for the Petitioner   : MR. P N GOSWAMI

Advocate for the Respondent : GA, ASSAM
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                                  BEFORE
                      HONOURABLE MR. JUSTICE NELSON SAILO

                                     ORDER

20.01.2023

Mr. S. Banik, learned counsel for the writ petitioner submits that the case of the writ petitioner is squarely covered by the judgment rendered by a Coordinate Bench of this Court in WP(C) No.4999/2013 (Shri Nurul Islam vs. State of Assam & 4 Others) on 20.05.2014. He submits that the allegation against the petitioner and the instant petitioner are one and the same and therefore, a direction may be issued to the respondents to give the petitioner his regular pension within a time frame.

It is seen that the respondents have not filed their affidavit-in-opposition till date although the writ petition was moved on 23.06.2020.

Ms. R. Bora, learned counsel appearing for the respondent nos.1 & 3 submits that she may be given some time to obtain instructions in the matter and also to examine the decision relied upon by the petitioner annexed in the writ petition as Annexure-K.

The matter shall now be listed again in the second week of February, 2023, on a date to be fixed by the Registry. It is also made clear that if appropriate instructions are not forthcoming on the next date, Court may consider proceeding with the matter on the basis of materials available on record.

JUDGE

Comparing Assistant