Tamiz Ali vs The State Of Assam And 4 Ors
2023 Latest Caselaw 2320 Gua

                                                          Page No.# 1/3

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.

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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