Rumima Begum, v. The State of Assam and 4 Ors

ORDER 09-04-2024 Heard Mr. K Bhuyan, learned counsel for the applicant/writ petitioner. Also heard Mr. D Baruah, learned Standing counsel, Health and Family Welfare Department, Assam for the opposite party/respondent Nos. 1, 3 & 4 as well as Mr. C Baruah, learned Standing counsel, Accountant General (A&E), Assam for the opposite party/respondent No. 2.

¶2The applicant herein preferred the connected writ petition being WP(C) No. 4827/2023, praying amongst others, to disposed of the pension case of her late husband, namely, Jakir Hussain, Ex-Laboratory Technician at Jalagaon Public Health Centre under the administrative control of the Chief Medical and Health Officer of erstwhile district-Barpeta now district-Baksa

(BTC) that is pending for disposal.

¶3The Court by its order dated 25.08.2023 passed in said WP(C) No. 4827/2023 issued Rule.

¶4Mr. Bhuyan, learned counsel for the applicant is also the counsel for the petitioner in said WP(C) No. 4827/2023. Page No.# 4/5

¶5It is placed before the Court that in the order dated 25.08.2023 passed in said WP(C) No. 4827/2023 at Para-6, the date of death of the husband of the petitioner/applicant has been typed as 22.12.2021.

¶6By placing a copy of the Death Certificate of the late husband of the applicant/petitioner issued on 22.12.2021 by the Registrar, Birth and Death, Howly Community Health Centre (Annexure-7 to said WP(C) No. 4827/2023), learned counsel for the applicant/petitioner has submitted that her husband expired on 21.07.2021 and the said Death Certificate was issued on 22.12.2021.

¶7From the said order dated 25.08.2023 passed in WP(C) No. 4827/2023, Mr. Bhuyan, learned counsel for the applicant/petitioner has submitted that at Para-8, Jalagaon Public Health Centre has been shown to be of district-Barpeta, but earlier the said Jalagaon Public Health Centre was within the jurisdiction of district-Barpeta and after bifurcation of the said district as Barpeta and Baksa, Jalagaon Public Health Centre is now under the jurisdiction of district-Baksa (BTC).

¶8Hence, this Interlocutory Application by the applicant/petitioner for correction of those typographical errors that occurred at Para-6 & Para-8 of the order dated 25.08.2023 passed in WP(C) No. 4827/2023, noted above.

¶9Mr. D Baruah, Standing counsel, Health and Family Welfare Department as well as Mr. C Baruah, learned Standing counsel, Accountant General (A&E), Assam have no objection for correction of such typographical mistakes that occurred in Para-6 & Para-8 of the order dated

25.08.2023, noted above.

¶10On the prayer of the learned counsel for the applicant/writ petitioner and after going through the records of WP(C) No. 4827/2023, it is hereby directed that the date 22.12.2021 at Para-6 of the order dated 25.08.2023 passed in the connected WP(C) No. 4827/2023 shall be read as 21.07.2021.

¶11Further, district-Barpeta after Jalagaon Public Health Centre as reflected at Para-8 of the order dated 25.08.2023 passed in the connected WP(C) No. 4827/2023 shall be read as erstwhile district-Barpeta now district-Baksa (BTC).

¶12This order shall be read together with the order dated 25.08.2023 passed in the Page No.# 5/5 connected WP(C) No. 4827/2023, preferred by the applicant as petitioner.

¶13With the above observation and direction, this Interlocutory Application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010062972024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/966/2024o RUMIMAoBEGUM,o WIFEoOFoLATEoJAKIRoHUSSAIN,oVILLAGE-oYASHIHATIPARA,oP.O.-o YASHIHATIPARA,oP.S.oANDoDISTRICT-oBARPETA,oPIN-o781316 VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REPRESENTEDoBYoCOMMISSIONERoANDoSECRETARYoGOVERNMENToOFo ASSAM,oHEALTHoANDoF.WoDEPARTMENT,oDISPUR,oGUWAHATI-6 2:THEoACCOUNTANToGENERALo(AoANDoE) oASSAM oMAIDAMGAON oBELTOLA oGUWAHATI-29 3:THEoJOINToDIRECTORoOFoHEALTHoSERVICES oBAKSA oMUSALPUR oBTAD oPIN-o781372 4:THEoCHIEFoMEDICALoANDoHEALTHoOFFICER oBARPETAoP.O.oANDoDISTRICT-oBARPETA oASSAM oPIN-o781301 5:JABEDAoHANUN oDAUGHTERoOFoABDULoHAMID oVILLAGE-oNIMUA oP.O.oNIMUA oP.S.oBARPETAoROAD Page No.# 2/5 DISTRICT- BARPETA (ASSAM) PIN- 78131 Advocate for the Petitioner : MR K BHUYAN Advocate for the Respondent : SC, HEALTH Linked Case : WP(C)/4827/2023 RUMIMA BEGUM WIFE OF LATE JAKIR HUSSAIN VILLAGE- YASHIHATIPARA P.O.- YASHIHATIPARA P.S. AND DISTRICT- BARPETA PIN- 781316 VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY COMMISSIONER AND SECRETARY GOVERNMENT OF ASSAM HEALTH AND F.W DEPARTMENT DISPUR GUWAHATI-6 2:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI-29 3:THE JOINT DIRECTOR OF HEALTH SERVICES BAKSA MUSALPUR BTAD PIN- 781372 4:THE CHIEF MEDICAL AND HEALTH OFFICER BARPETA P.O. AND DISTRICT- BARPETA Page No.# 3/5 ASSAM PIN- 781301 5:JABEDA HANUN DAUGHTER OF ABDUL HAMID VILLAGE- NIMUA P.O. NIMUA P.S. BARPETA ROAD DISTRICT- BARPETA (ASSAM) PIN- 781315 ------------ Advocate for : MR K BHUYAN Advocate for : SC HEALTH appearing for THE STATE OF ASSAM AND 4 ORS. BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK