Runumee Das v. The State of Assam and 4 Ors

ORDER

09.09.2024 Heard Mrs A. Saikia, learned counsel for the applicant. Also heard Mr. A. R. Bhuyan, learned counsel appearing on behalf of OP No.5/ writ petitioner. Mr. I. Borthakur, learned Standing Counsel, PHE Department, Assam is present on behalf of OP Nos.1 to 3 and Mr. D. Bhattacharyya, learned counsel is present for the OP No.4. This I.A. has been filed by the wife of the OP No.5/ writ petitioner seeking impleadment in the connected writ petition. The learned counsel for the applicant submits that being the legally married wife of the writ petitioner, the applicant is entitled to be included as a nominee in the Service Book/Pension Pay Order of the writ petitioner but he is refusing to do so, much to the detriment of the interest of the applicant. Hence, this I.A. Vehemently opposing the prayer made in the I.A., Mr. Bhuyan, learned counsel for O.P. No.5/writ petitioner has argued that there is a serious dispute as regards the relationship between the writ petitioner and the present applicant. Unless Page No.# 3/3 such dispute is resolved in an appropriate proceeding, no relief can be granted to the applicant. It is also the submission of Mr. Bhuyan that instead of seeking impleadment in the connected writ petition, the applicant should file an independent writ petition seeking relief. The learned departmental counsel have maintained that they would have no comments to offer in the matter. It appears that the fact that the petitioner was married to the applicant is not in dispute. The dispute, if any, is pertaining to the present status of their relationship vis-à-vis the applicant's claim to be included as nominee of the writ petitioner in the Pension Pay Order. Whether such claim of the applicant is maintainable in the eyes of law is a matter to be decided in an appropriate proceeding. Since the dispute is inter-se the writ petitioner and the applicant, hence, the same, in the opinion of this Court, can also be suitably addressed in the pending writ petition by impleading the applicant. In view of the above, without commenting on merit of the claim of the applicant, the I.A. for impleadment stands allowed. The applicant is hereby impleaded as respondent No.5 in the connected writ petition i.e. WP(C) No.3987/2022. The applicant's counsel to file an amended cause title within a week from today. Registry to thereafter, list the writ petition for necessary orders. I.A. stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010157922024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2386/2024o RUNUMEEoDASo W/OoSRIoJYOTISHoCHANDRAoDAS,oR/OoHOUSEoNO.o10,oSATYAPURoPATH,o BAIKUNTHADHAMoROAD,oBELTOLAoTINALI,oP.O.oBELTOLA,oP.S.oDISPUR,o GUWAHATI-28,oDISTRICToKAMRUPoMETRO,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo TOoBEoREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oPUBLICoHEALTHoENGINEERINGoDEPARTMENT, DISPUR,oGHY-6. 2:THEoCHIEFoENGINEER oPUBLICoHEALTHoENGINEERINGoOFFICE oHENGRABARI oHEALTHoCOPLEX oHENGRABARIoRD oLUCHUBAGAN oHENGRABARIoGUWAHATI oASSAMo781036. 3:THEoEXECUTIVEoENGINEER oPUBLICoHEALTHoENGINEERINGoDEPARTMENT oNALBARIoDIVISION oDISTRICT-oNALBARI oASSAM. 4:THEoACCOUNToGENERAL oASSAM oMAIDAMGAON oBELTOLA oGHY oASSAM. Page No.# 2/3 5:JYOTISH CHANDRA DAS S/O LATE UMA CHARAN DAS VILL. GAYAN TOLA P.O. HAJO P/S- HAJO DISTRICT- KAMRUP(R) ASSAM Advocate for the Petitioner : MRS A SAIKIA, MS. U SAUD Advocate for the Respondent : SC, P H E, BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM