Tapan Kumar Sil v. The State of Assam and 6 Ors

ORDER Date : 08.04.2024

Heard Ms. D. Devi, learned counsel for the Applicant. Also heard Mr. N. J. Khataniar, learned Standing Counsel, Elementary Education; Mr. B. Sarma, learned Standing Counsel, Accountant General; Mr. P. Saikia, learned Government Advocate and Mr. A. Chaliha, learned Standing Counsel, Finance Department. This Interlocutory Application has been filed for impleadment of the Commissioner and Secretary, Department of Finance, Government of Assam as a party respondent in WP(C)/5341/2023. The accompanying writ petition has been filed by the petitioner putting to challenge the undertaking given by the petitioner at the time of Regularization of his Service that they would be govern by the New Pension Rules, 2005 and not under the earlier Assam Services (Pension) Rules, 1969. The matter is Page No.# 4/4 pending disposal before the Court and for effective disposal the present Interlocutory Application is filed seeking impleadment of the Department of Finance. Since no objection has been raised by the respondent / Opposite Party also the Treasury Officer, Nagaon is already arrayed a party and is represented by the Standing Counsel Finance, this Court is of the view that this Interlocutory Application can be allowed and the Commissioner and Secretary, Department of Finance, Government of Assam can be arrayed as party respondent No. 7 in WP(C)/5341/2023. In that view of the matter, this Interlocutory Application is allowed and disposed of. The Department of Finance represented by Commissioner and Secretary, Department of Finance, Government of Assam is arrayed as party respondent No. 7 in WP(C)/5341/2023. Petitioner will file amended Cause Title before the Registry within a period of 1 (one) week from today. This Interlocutory Application stands allowed and disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010018232024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/407/2024o TAPANoKUMARoSILo S/O-oMONARANJANoSIL,oRESIDENToOFoWARDoNO.6,oLANKAoTOWN,oP.O.o ANDoP.S.oLANKA,oNAGAON-o782446,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM,o ELEMENTARYoEDUCATIONoDEPARTMENT,oDISPUR-o781006,oASSAM 2:THEoDIRECTOR oELEMENTARYoEDUCATION oKAHILIPARA oGUWAHATI-o781019 oASSAM 3:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oNAGAON oASSAM 4:THEoDIRECTORATEoOFoPENSION oREPRESENTEDoBYoITSoDIRECTOR oHOUSEFEDoCOMPLEX oGUWAHATI-o781006 oASSAM 5:THEoACCOUNTANToGENERALo(AoANDoE) oBELTOLA oGUWAHATI-o781029 oASSAM 6:THEoTREASURYoOFFICER Page No.# 2/4 NAGAON NAGAON- 782001 ASSAM 7:THE COMMISSIONER AND SECRETARY TO THE DEPARTMENT OF FINANCE GOVT. OF ASSAM GUWAHATI-0 Advocate for the Petitioner : MR. M BISWAS Advocate for the Respondent : SC, ELEM. EDU Linked Case : WP(C)/5341/2023 TAPAN KUMAR SIL S/O- MONARANJAN SIL RESIDENT OF WARD NO.6 LANKA TOWN P.O. AND P.S. LANKA NAGAON- 782446 ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM ELEMENTARY EDUCATION DEPARTMENT DISPUR- 781006 ASSAM 2:THE DIRECTOR ELEMENTARY EDUCATION KAHILIPARA GUWAHATI- 781019 ASSAM 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER NAGAON ASSAM 4:THE DIRECTORATE OF PENSION REPRESENTED BY ITS DIRECTOR Page No.# 3/4 HOUSEFED COMPLEX GUWAHATI- 781006 ASSAM 5:THE ACCOUNTANT GENERAL (A AND E) BELTOLA GUWAHATI- 781029 ASSAM 6:THE TREASURY OFFICER NAGAON NAGAON- 782001 ASSAM ------------ Advocate for : MR. M BISWAS Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 5 ORS BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA