Chandana Sonowal and 4 Ors v. The State of Assam and 2 Ors

ORDER

04.10.2024

Heard Mr. K.M. Mahanta, learned counsel for the applicants.

¶2This interlocutory application, under Order I Rule X read with Section 151 of the C.P.C., is preferred by applicants for impleadment of Department of Social Justice and Empowerment represented by the Principal Secretary to the Government of Assam and Department of Tribal Affairs (Plain) represented by its Page No.# 2/3 Secretary to the Government of Assam, as respondent Nos. 4 & 5 in the accompanying writ petition.

¶3It appears that the accompanying writ petition has been filed by the petitioners, seeking salaries along with other benefits, as per their grade, from the date of their appointment.

¶4It also appears that the said two authorities are essential and necessary to have been impleaded as party respondents for effective adjudication of the writ petition have been inadvertently not arrayed as party respondent and accordingly, by way of this interlocutory application, impleadment of the said two authorities have been sought for.

¶5The details of the said two authorities, which are sought for impleadment as respondent Nos. 4 & 5 in the accompanying writ petition are read as under :- "1. Principal Secretary to the Govt. of Assam, Department of Social Justice & Empowerment, 1st Floor, D-Block, Janata Bhawan, Dispur, Guwahati - 06, Assam.

¶2Department of Tribal Affairs (Plain), represented by its Secretary to the Government of Assam, D-Block, Ground Floor, Janata Bhawan, Dispur, Guwahati - 781006, Assam."

¶6Thus, it appears that the presences of the aforesaid two respondents are essential and necessary for effective adjudication of the writ petition. Accordingly, this interlocutory application is allowed by directing impleadment Page No.# 3/3 of the Department of Social Justice and Empowerment represented by the Principal Secretary to the Government of Assam and Department of Tribal Affairs (Plain) represented by its Secretary to the Government of Assam, as respondent Nos. 4 & 5 in the accompanying writ petition.

¶7Let new amended cause-title be submitted for doing the needful.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010158402024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2562/2024 CHANDANA SONOWAL AND 4 ORS W/O- SRI MANOJ PHUKAN, R/O- HATIGAON, LAKHI NAGAR, P.S.- HATIGAON, DIST.- KAMRUP(M), ASSAM, PIN- 781038. VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, W.P.T. AND B.C. DEPARTMENT, DISPUR, GUWAHATI- 781006. Advocate for the Petitioner : MR K K MAHANTA (Sr. Advocate), Advocate for the Respondent : SC, WPT AND BC, BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI