Uma Kanta Kakati vs The State Of Assam And 6 Ors
2024 Latest Caselaw 7943 Gua

Gauhati High Court

Uma Kanta Kakati vs The State Of Assam And 6 Ors on 30 October, 2024

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GAHC010134212024




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

                         Case No. : WP(C)/3496/2024

         UMA KANTA KAKATI
         S/O LATE PODU RAM KAKATI, VILL- PUTANI MOHAR CHUK, P.O.-PUTANI
         GOMOTHA GAON, DIST- NAGAON, ASSAM, PIN-782102



         VERSUS

         THE STATE OF ASSAM AND 6 ORS.
         REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
         ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR,
         GUWAHATI-6

         2:THE COMMISSIONER AND SECRETARY
         THE GOVERNMENT OF ASSAM
          PENSION AND PUBLIC GRIEVANCES DEPARTMENT
          DISPUR
          GUWAHATI-6

         3:THE COMMISSIONER AND SECRETARY
         THE GOVERNMENT OF ASSAM
          FINANCE DEPARTMENT
          DISPUR
          GUWAHATI-6

         4:THE COMMISSIONER
          PANCHAYAT AND RURAL DEVELOPMENT ASSAM
          JURIPAR
          SIX MILE
          GUWAHATI-37

         5:THE DIRECTOR OF PENSION
         ASSAM
          HOUSEFED COMPLEX
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             DISPUR
             GUWAHATI-6

            6:THE CHIEF EXECUTIVE OFFICER
             ZILLA PARISHAD
             NAGAON
             P.O. AND DIST- NAGAON
            ASSAM
             PIN-782001

            7:THE TREASURY OFFICER
             NAGAON TREASURY
             P.O. AND DIST- NAGAON
            ASSAM
             PIN-78200

Advocate for the Petitioner   : MR. M ISLAM, MS A KHATUN

Advocate for the Respondent : SC, P AND R.D., SC, FINANCE,GA, ASSAM




                                    BEFORE
                        HONOURABLE MR. JUSTICE KARDAK ETE

                                          ORDER

Date : 30.10.2024

Heard Mr. M Islam, learned counsel for the petitioner. Also heard Mr. P. Handique, learned standing counsel, P&RD and Mr. P. Nayak, learned standing counsel, Finance department for the respondents No. 3 and 7.

Mr. P. Handique, learned standing counsel by placing the judgment of the Hon'ble Supreme Court in the case of Director General, Doordarshan Prasar Bharti Corporation of India andAnother -vs- Magi H. Desai reported in 2023 SCC Online SC 336, submits that the principle of law in the judgment of the Division Bench in the case of State of Assam -vs- Syed Md. Fazlay Rabbi in WA 145/2009, which was taken to appeal, although the Hon'ble Supreme Court has dismissed the SLP, has been overruled.

He prays that he may be granted 2 (two) weeks time to file affidavit and argue the matter basing on the judgment of the Hon'ble Supreme Court referred to hereinabove.

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Considering the submissions, I deem it appropriate to grant 2 (two) weeks time to file affidavit.

List this matter after 3 (three) weeks.

JUDGE

Comparing Assistant