Prabin Kr Nath v. The State of Assam and 7 Ors

ORDER

20.09.2024. Heard Mrs. MD Chowdhury, learned counsel for the applicant. Also heard Shri P Handique, learned Standing Counsel, Panchayat & Rural Development (P&RD) Department, Assam as well Shri CK Sarma Baruah, learned Government Advocate, Assam. By filing of this application, the applicant is seeking modifications/amendments to Page No.# 3/5 the prayer contained in the connected writ petition i.e. WP(C)/4252/2024. The modifications/amendments, as sought for, are mentioned in paragraphs 3 and 4 to the writ petition and those are reproduced hereinbelow for ready reference:

"3. That the following portion of the prayers need to be added/inserted or amended in the prayer part instead of "shall not be directed to release the full pensionary benefit of the Petitioner".

The amended part will be from:

"calling upon the Respondents to show cause as to why the Respondents, more particularly the Respondent No. 1 shall not be directed to act upon the assurances made in Order No. E-288998/DFA/1 dated Dispur the 28th March of 2023 for releasing the full pensionary benefit to the Petitioner in revised pay scale for the period from 2000 till his retirement and as to why the Respondents shall not be directed to do the needful to clear Efficiency Bar Crossing of the Petitioner as early as possible as per Order dated 28.03.2023 and as to why interest @ 12% per annum shall not be paid to the petitioner on revised pay scale held up since 2000 and also for the pensionary benefit from the date of his entitlement and as to why Respondents shall not be punished for the ir act of negligence, arbitrariness and illegally and also for violation of Constitutional right of the Petitioner by paying him compensation and as to why appropriate writ/writs shall not be issued to the Respondents and after hearing the parties, cause or causes that may be shown if any, make the Rule absolute and/or pass such further or other order or orders as Your Lordships may deem fit and proper, Your Lordships may further be pleased to direct the Respondents to take necessary action to clear Page No.# 4/5 Efficiency Bar Crossing, during the pendency of the Petition".

¶4That the Applicant humbly prays that after amendment is allowed by this Hon'ble Court, the following will be entire prayer in the amended writ petition:

"In the premises aforesaid, it is therefore, most humbly prayed that Your Lordships may be pleased to admit this petition, call for the records, issue notice calling upon the Respondents to show cause as to why the Respondents, more particularly the Respondent No. 1 shall not be directed to act upon the assurances made in Order No. E-288998/DFA/1 dated Dispur the 28th March of 2023 for releasing the full pensionary benefit to the Petitioner in revised pay scale for the period from 2000 till his retirement and as to why the Respondents shall not be directed to do the needful to clear Efficiency Bar Crossing of the Petitioner as early as possible as per order dated 28.03.2023 and as to why interest 12% per annum shall not be paid to the petitioner on revised pay scale held up since 2000 and also for the pensionary benefit from the date of his entitlement and as to why Respondents shall not be punished for their act of negligence, arbitrariness and illegally and also for violation of Constitutional right of the Petitioner by paying him compensation and as to why appropriate writ/writs shall not be issued to the Respondents and after hearing the parties, cause or causes that may be shown if any, make the Rule absolute and/or pass such further or other order or orders as Your Lordships may deem fit and proper. Your Lordships may further be pleased to direct the Respondents to take necessary action to clear Efficiency Bar Crossing, during the pendency of the Petition."

The learned counsel for the respondents submit that they do not have any Page No.# 5/5 instruction to object to the said prayer for modifications/amendments. On perusal of the aforesaid paragraphs 3 and 4, it appears that due to inadvertence, some relevant dates and sentences were dropped and accordingly, some errors have crept into the prayer part of the connected WP(C)/4252/2024 for which, the present application has been filed. Accordingly, this Court is of the opinion that in the interest of justice, it has become necessary to correct the same. In view of the above, the interlocutory application stands disposed of by allowing the modifications/amendments as quoted hereinabove. The applicant/petitioner is directed to submit an amended petition of the connected WP(C)/4252/2024 to the Registry of this Court for doing the needful. It is needless to state that amended copies of the writ petition may also be furnished to the other sides. Interlocutory application accordingly stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010167732024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o I.A.(Civil)/2945/2024oin WP(C)/4252/2024 PRABINoKRoNATH SONoOFoSRIoGHANASHYAMoNATH oRESIDENToOFoTINSUKIAoTOWN oP.O.oANDoP.S.oTINSUKIAR oINoTHEoDISTRICToOFoTINSUKIA oASSAM oPIN-o786125 oVERSUS THEoSTATEoOFoASSAMoANDo7oORS REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT oDISPUR oGUWAHATI-o781006 2:THEoPRINCIPALoSECRETARY oGOVERNMENToOFoASSAM oPERSONNELoDEPARTMENT DISPUR oGUWAHATI-o781006 o3:THEoSECRETARY oGOVERNMENToOFoASSAM oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT DISPUR oGUWAHATI-o781006 o4:THEoSECRETARY oGOVERNMENToOFoASSAM oPERSONNELo(A)oDEPARTMENT Page No.# 2/5 DISPUR GUWAHATI- 781006 5:DEPUTY SECRETARY GOVERNMENT OF ASSAM PASNCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI- 781006 6:THE DEPUTY SECRETARY GOVERNMENT OF ASSAM PERSONNEL (A) DEPARTMENT DISPUR GUWAHATI- 781006 7:THE COMMISSIONER GOVERNMENT OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI- 781006 8:THE COMMISSIONER GOVERNMENT OF ASSAM PERSONNEL (A) DEPARTMENT DISPUR GUWAHATI- 781006 ------------ Advocate for : MRS M D CHOWDHURY Advocate for : SC P AND R.D. appearing for THE STATE OF ASSAM AND 7 ORS BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI