Rintumoni Patir vs The Union Of India And 3 Ors
2025 Latest Caselaw 4377 Gua

Gauhati High Court

Rintumoni Patir vs The Union Of India And 3 Ors on 24 March, 2025

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                              Page No.# 1/10

GAHC010160902021




                                                        undefined

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

                          Case No. : WP(C)/5300/2021

         RINTUMONI PATIR
         D/O LATE BOGEN PATIR,
         C/O LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF
         MENTAL HEALTH, TEZPUR, 784001, DIST SONITPUR, ASSAM



         VERSUS

         THE UNION OF INDIA AND 3 ORS
         THROUGH THE SECRETARY TO THE GOVT. OF ASSAM, MINISTRY OF
         HEALTH AND FAMILY WELFARE, NEW DELHI

         2:THE DIRECTOR

         LOKPRIYA GOPINATH BORDOLOI REGIONAL INSITUTE OF MENTAL
         HEALTH
         TEZPUR
         784001
         DIST SONITPUR
         ASSAM

         3:THE ADMINISTRATIVE OFFICER

         LOKPRIYA GOPINATH BORDOLOI REGIONAL INSITUTE OF MENTAL
         HEALTH
         TEZPUR
         784001
         DIST SONITPUR
         ASSAM

         4:NORTH EASTERN COUNCIL
          REPRESENTED BY THE CHAIRMAN ROOM NO. 410
          1ST FLOOR
                                                                           Page No.# 2/10

             NEC SECRETARIAT
             NONGRIM HILLS
             SHILLONG
             793003
             MEGHALAY

Advocate for the Petitioner   : MR B D DAS, A CHAKMA,MS. J GHOSH

Advocate for the Respondent : ASSTT.S.G.I., MR. R K TALUKDAR (r-4),MS. B SARMA (R-
1,2,3),MR. B DEKA (r-5)




             Linked Case : WP(C)/5306/2021

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


             VERSUS

            THE UNION OF INDIA AND 2 ORS
            THROUGH THE SECRETARY TO THE GOVT. OF ASSAM
            MINISTRY OF HEALTH AND FAMILY WELFARE
            NEW DELHI

            2:THE DIRECTOR

            LOKPRIYA GOPINATH BORDOLOI REGIONAL INSITUTE OF MENTAL
            HEALTH
            TEZPUR
            784001
            DIST SONITPUR
            ASSAM

             3:THE ADMINISTRATIVE OFFICER

            LOKPRIYA GOPINATH BORDOLOI REGIONAL INSITUTE OF MENTAL
            HEALTH
                                                                 Page No.# 3/10

TEZPUR
784001
DIST SONITPUR
ASSAM
------------
Advocate for : MR B D DAS
Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 2 ORS



Linked Case : WP(C)/4092/2022

GEDEK YOMCHA
W/O. PARMAR GADI
R/O. L.G.B. INSTITUTE OF MENTAL HEALTH COMPLEX
TEZPUR
DISTRICT- SONITPUR
ASSAM. PIN- 784001.


VERSUS

THE UNION OF INDIA AND 3 ORS
THROUGH- THE SECRETARY
TO THE GOVERNMENT OF INDIA
MINISTRY OF HEALTH AND FAMILY WELFARE
NEW DELHI.

2:THE DIRECTOR
LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL
HEALTH
TEZPUR- 784001
 DISTRICT- SONITPUR
ASSAM.

3:THE ADMINISTRATIVE OFFICER
LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL
HEALTH
TEZPUR- 784001
DISTRICT- SONITPUR
ASSAM.

4:THE COMPTROLLER AND AUDITOR GENERAL (CAG) OF INDIA
DEEN DAYAL UPADHYAYA MARG
NEW DELHI- 110124.
------------
Advocate for : MR. S C BISWAS
Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 3 ORS
                                                                 Page No.# 4/10




Linked Case : WP(C)/5435/2021

BASANTI KUMSING
W/O LATE NAHUM JAZOWAR

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


VERSUS

THE UNION OF INDIA AND 3 ORS
THROUGH THE SECRETARY TO THE GOVT. OF ASSAM
MINISTRY OF HEALTH AND FAMILY WELFARE
NEW DELHI

2:THE DIRECTOR

LOKPRIYA GOPINATH BORDOLOI REGIONAL INSITUTE OF MENTAL
HEALTH
TEZPUR
784001
DIST SONITPUR
ASSAM

3:THE ADMINISTRATIVE OFFICER

LOKPRIYA GOPINATH BORDOLOI REGIONAL INSITUTE OF MENTAL
HEALTH
TEZPUR
784001
DIST SONITPUR
ASSAM

4:THE COMPTROLLER AND AUDITOR GENERAL (CAG) OF INDIA
DEEN DAYAL UPADHYAYA MARG
NEW DELHI 110124
------------
Advocate for : MR B D DAS
Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 3 ORS
                                                                 Page No.# 5/10



Linked Case : WP(C)/4093/2022

CHITRALEKHA BORO
W/O. SRI DIPENDRA GAYARI
C/O LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL
HEALTH COMPLEX
TEZPUR- 784001
DISTRICT- SONITPUR
ASSAM.


VERSUS

THE UNION OF INDIA AND 3 ORS
THROUGH- THE SECRETARY
TO THE GOVERNMENT OF INDIA
MINISTRY OF HEALTH AND FAMILY WELFARE
NEW DELHI.

2:THE DIRECTOR
LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL
HEALTH
TEZPUR- 784001
 DISTRICT- SONITPUR
ASSAM.

3:THE ADMINISTRATIVE OFFICER

LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL
HEALTH
TEZPUR- 784001
DISTRICT- SONITPUR
ASSAM.

4:THE COMPTROLLER AND AUDITOR GENERAL (CAG) OF INDIA
DEEN DAYAL UPADHYAYA MARG
NEW DELHI- 110124.
------------
Advocate for : MR. S C BISWAS
Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 3 ORS



Linked Case : WP(C)/4082/2022

SHILPI DEURI
                                                                Page No.# 6/10

W/O- SUMESH DEWRI
R/O- L.G.B. REGIONAL INSTITUTE OF MENTAL HEALTH COMPLEX
TEZPUR
DISTRICT- SONITPUR
ASSAM. PIN- 784001.


VERSUS

THE UNION OF INDIA AND 2 ORS
THROUGH- THE SECRETARY
TO THE GOVERNMENT OF INDIA
MINISTRY OF HEALTH AND FAMILY WELFARE
NEW DELHI.

2:THE DIRECTOR

LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL
HEALTH
TEZPUR- 784001
DISTRICT- SONITPUR
ASSAM.

3:THE ADMINISTRATIVE OFFICER
LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL
HEALTH
TEZPUR- 784001
DISTRICT- SONITPUR
ASSAM.
------------
Advocate for : MR. S C BISWAS
Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 2 ORS



Linked Case : WP(C)/4144/2022

BUDHISWARI DEVI
RETIRED WARD SISTER
W/O. SRI JYOTI PRASAD BHUYAN
R/O. VILLAGE- MUNATALOLI BAMUN CHUBURI
P.O. AND P.S. TEZPUR
PIN- 784001
DISTRICT- SONITPUR
ASSAM.


VERSUS
                                                                Page No.# 7/10


THE UNION OF INDIA AND 3 ORS
THROUGH- THE SECRETARY
TO THE GOVERNMENT OF INDIA
MINISTRY OF HEALTH AND FAMILY WELFARE
NEW DELHI.

2:THE DIRECTOR
LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL
HELATH
TEZPUR- 784001
 DISTRICT- SONITPUR
ASSAM.

3:THE CHIEF ADMINISTRATIVE OFFICER
LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL
HEALTH
TEZPUR- 784001
DISTRICT- SONITPUR
ASSAM.

4:THE CHIEF FINANCE AND ACCOUNTS OFFICER

LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL
HEALTH
TEZPUR- 784001
DISTRICT- SONITPUR
ASSAM.
------------
Advocate for : MR. S C BISWAS
Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 3 ORS



Linked Case : WP(C)/4215/2022

SMTI MITALI CHOUDHURY
W/O BISWAJIT DAS
LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL
HEALTH COMPLEX
TEZPUR-784001
DIST-SONITPUR
ASSAM


VERSUS

THE UNION OF INDIA AND 2 ORS
                                                                Page No.# 8/10

THROUGH THE SECRETARY TO THE GOVERNMENT 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 ADMINISTRATIVE OFFICER
LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL
HEALTH
TEZPUR-784001
DIST-SONITPUR
ASSAM
------------
Advocate for : MR. S C BISWAS
Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 2 ORS



Linked Case : WP(C)/4163/2022

GITA DEKA
W/O- SRI BHASKAR JYOTI DAS
R/O- LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF
MENTAL HEALTH
TEZPUR- 784001
DISTRICT- SONITPUR
ASSAM.


VERSUS

THE UNION OF INDIA AND 2 ORS
THROUGH- THE SECRETARY
TO THE GOVERNMENT OF INDIA
MINISTRY OF HEALTH AND FAMILY WELFARE
NEW DELHI.

2:THE DIRECTOR
LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL
HEALTH
TEZPUR- 784001
 DISTRICT- SONITPUR
ASSAM.
                                                                          Page No.# 9/10


          3:THE ADMINISTRATIVE OFFICER
          LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL
          HEALTH
          TEZPUR- 784001
          DISTRICT- SONITPUR
          ASSAM.
          ------------
          Advocate for : MR. S C BISWAS
          Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 2 ORS



                                BEFORE
                 HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                      ORDER

24.03.2025

Heard Ms. A. Bora, learned counsel for the petitioner. Also heard Ms. B. Sarma, Mr. AK Dutta, Mr. SS Roy and Mr. B. Deka, learned CGC.

It is submitted that a Co-ordinate Bench of this Court had allowed the writ petitions filed by the similarly situated persons where the lead case was WP(C) No.258/2022. Being aggrieved, by the order dated 13.09.2022 passed in WP(C) No.258/2022 and other 7 (seven) writ petitions, the review petition being Review Petition No.172/2022 was filed by the Union of India. The said review petition also came to be dismissed by order dated 20.09.2024. By order dated 19.02.2025 the Appellate Court had directed all these matters to be listed in due course.

Learned counsel for the respondents have not been able to place any order of the Appellate Court suspending the operation of the judgment and order passed by the Coordinate Bench.

Mr. A.K. Dutta, learned CGC, however, submits that a similar writ appeal is scheduled to be listed for the coming week, and therefore, he requests that the Page No.# 10/10

matter be listed in the next week.

Prayer made is not objected to by learned counsel for the petitioner.

Accordingly, list the matters on 09.04.2025.

JUDGE

Comparing Assistant