Binoy Deka vs The State Of Assam And 2 Ors
2024 Latest Caselaw 8416 Gua

Gauhati High Court

Binoy Deka vs The State Of Assam And 2 Ors on 18 November, 2024

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                     Page No.# 1/3

GAHC010184202014




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

                           Case No. : WP(C)/320/2014

         BINOY DEKA
         R/O VILL.- PATGIRI CHUBA, P.O.- DHEKIPARA, P.S.- SIPAJHAR, MOUZA-
         LOKRAI, SIPAJHAR, DARRANG, ASSAM- 784145.



         VERSUS

         THE STATE OF ASSAM AND 2 ORS
         REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM,
         HEALTH and FAMILY WELFARE DEPTT., DISPUR, GHY- 6.

         2:THE MISSION DIRECTOR
          NATIONAL RURAL HEALTH MISSION
         ASSAM
          SAIKIA COMMERCIAL COMPLEX
          CHRISTIAN BASTI
          SREENAGAR ROAD
          GHY- 5.

         3:THE KASH SONAPUR SUB-DIVISIONAL HEALTH CENTRE
          REP. BY THE CHIEF MEDICAL AND HEALTH OFFICER
          SIPAJHAR
          DARRANG.

         4:THE DIRECTOR OF HEALTH SERVICES

         DISPUR
         GUWAHATI-6

         5:COMMISSIONER AND SECRETARY
         TO THE GOVERNMENT OF ASSAM
          SOCIAL WELFARE DEPARTMENT
          HAVING HIS OFFICE AT DISPUR
                                                                          Page No.# 2/3

            GUWAHATI- 781006

           6:DIRECTOR
            OF THE SOCIAL WELFARE DEPARTMENT
            HAVING HIS OFFICE AT UZANBAZAR
            GUWAHATI-781001

     For the Petitioner(s)            : Ms. R.S. Choudhury, Advocate

     For the Respondent(s)             : Mr. B. Gogoi, SC, Health Department



                                     BEFORE
                      HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                     ORDER

Date : --18.11.2024

Heard Ms. R.S. Choudhury, the learned counsel appearing on behalf of the petitioner. Mr. B. Gogoi, the learned Standing Counsel appears on behalf of the Health Department.

2. This Court vide a judgment and order dated 22.12.2023 directed the State respondents to make certain payments as specifically mentioned in paragraph No. 30(i) and 30(ii).

3. This Court further observes that in the circumstance, the payments were not made, the matter be placed before this Court by the District Legal Services Authority, Darrang. As the said directions were not complied with, the matter has been again placed before this Court.

4. From 24.06.2024 till date, whenever the matter is being taken up it has been mentioned that on account of non-availability of the financial sanction the amounts could not be released.

5. It is relevant to take note of that this Court had issued a mandamus while Page No.# 3/3

passing the judgment dated 22.12.2023. Under such circumstances, the Health Department of the Government of Assam is bound to abide by the directions and the time frame stipulated therein.

6. The manner in which time has been taken by the Health Department appears that the Health Department of the Government of Assam have not given due importance to the specific directions passed by this Court in the judgment and order dated 22.12.2023. Under such circumstances to preserve the Rule of Law as well as the Majesty of this Court, this Court affords for the ends of justice a final opportunity to the respondents to comply with the directions in terms with paragraph No. 30(i) and 30(ii) of the judgment dated 22.12.2023, failing which this Court would be constrained to pass appropriate directions.

7. List this matter again on 29.11.2024.

JUDGE

Comparing Assistant