Allowed

Parbati Das v. the State of Assam and 7 Ors.

Gauhati HC27 Nov 2019I.A.(Civil)/3175/2019

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an application to correct a typographical error in an earlier order (dated 19.06.2019) in a related writ petition. The court ordered that a specific date reference regarding a missing person entry be read as a different year.

What did the court decide?

Director, the words 'missing entry on 26.12.2012' shall be read as 'missing entry on 26.12.2010' in the order dated 19.06.2019.

Parbati Das Vs the State of Assam and 7 Ors. — Pension and Retirement Benefits | Gauhati HC (2019)

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Page No.# 1/5

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GAHC010230932019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil) 3175/2019

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1:PARBATI DAS

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W/O LATE BALEN DAS, R/O VILL. BAGTA, P.O. BAGTA, P.S. HAJO, DIST. KAMRUP, PIN 781102, ASSAM.

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VERSUS

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1:THE STATE OF ASSAM AND 7 ORS.

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THORUGH THE COMM. AND SECY., GOVT. OF ASSAM, PWD ROADS, DIVISION, GUWAHATI-6

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2:THE CHIEF ENGINEER PWD CHANDMARI GHY-3

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3:THE EXECUTIVE ENGINEER PW GUWAHATI ROAD DIVISION GHY

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4:THE ASSTT. EXECUTIVE ENGINEER PWD HAJO ROAD SUB-DIVISION P.O. AND P.S. HAJO KAMRUP (R)

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5:THE COMM. AND SECY. PENSION AND PUBLIC GRIEVANCES DEPTT. GOVT. OF ASSAM DISPUR GHY-6 ASSAM

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6:THE PRINCIPAL SECRETARY FINANCE DEPTT. GOVT. OF ASSAM DISPUR GHY-6 ASSAM

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7:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GHY-29 ASSAM

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8:THE TREASURY OFFICER KAMRUP GHY-1 ASSA

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Advocate for the Petitioner : MS. S KANUNGOE

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Advocate for the Respondent : GA, ASSAM

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Linked Case : WP(C) 3325/2019

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1:PARBATI DAS W/O- LT BALEN DAS R/O- VILL- BAGTA P.O. BAGTA

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P.S. HAJO DIST- KAMRUP PIN- 781102

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VERSUS

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1:THE STATE OF ASSAM AND 7 ORS. THROUGH THE COMM. AND SECY. GOVT. OF ASSAM

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PWD ROADS DIVISION DISPUR GHY-6 2:THE CHIEF ENGINEER PWD CHANDMARI GHY-3 3:THE EXECUTIVE ENGINEER PW GUWAHATI ROAD DIVISION GHY 4:THE ASSTT. EXECUTIVE ENGINEER PWD HAJO ROAD SUB-DIVISION P.O. AND P.S. HAJO KAMRUP (R) 5:THE COMM. AND SECY. PENSION AND PUBLIC GRIEVANCES DEPTT. GOVT. OF ASSAM DISPUR GHY-6 ASSAM 6:THE PRINCIPAL SECRETARY FINANCE DEPTT. GOVT. OF ASSAM DISPUR GHY-6 ASSAM 7:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GHY-29 ASSAM 8:THE TREASURY OFFICER KAMRUP GHY-1 ASSAM Advocate for the Petitioner : MS. S KANUNGOE Advocate for the Respondent : GA ASSAM

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 27-11-2019

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Heard Ms. S. Kanungoe, learned counsel for the petitioner. Also heard Mr. C. Nayak, learned Government Advocate for respondent nos. 1, 2, 3, 4, 6 and 8 and Mr. R. Barua, learned counsel for respondent no.7

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This application is filed by the applicant seeking correction in the order dated 19.06.2019 passed by this court in the writ petition, W.P.(C) No. 3325/2019, whereby, the said writ petition was disposed of.

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It is submitted by Ms. Kanungoe by referring to the said order dated 19.06.2019 that the corrections are required in the following parts of the said order :

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“The husband of the petitioner, Balen Das went missing since 24.12.2010 leaving the petitioner along with 3 (three) sons and one daughter. When after searching for two days, the trace of Balen Das could not be found out, the petitioner lodged a missing entry on 26.12.2012 before Hajo Police Station which was recorded as Hajo Police Station GDE No. 650. When after enquiry, no trace of Balen Das was found by the police of Hajo Police Station, the Officer-in-charge, Hajo Police Station, Kamrup submitted a police report on 03.07.2018 (Annexure No. 2) to that effect.

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It is noticed that the petitioner, who is the wife of Balen Das, lodged the missing entry on 26.12.2012 and despite enquiry, the trace of Balen Das could not be found. After receipt of the police report dated 03.07.2018, the petitioner submitted a representation before the Executive Engineer, PWD, Guwahati Road Division on 01.08.2018 praying for release of family pension and other retirement benefits of her husband. Aggrieved by lack of action on the part of the respondent authorities, the petitioner has approached this court by the instant writ petition.”

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The date, “26.12.2012” appearing in the afore-mentioned parts of the order should have been “26.12.2010” and the same is evidently an inadvertent typographical error.

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Upon consideration of the submission made by the learned counsel for the petitioner and perusal of the averments made in the writ petition, I am of the opinion that the same are evidently typographical errors inadvertently kept in the said order and instead of the words “missing entry on 26.12.2012”, the same should have been “missing entry on 26.12.2010” and the same shall require correction. Accordingly, it is ordered that the words “missing entry on 26.12.2012” shall be read as “missing entry on 26.12.2010” in the order dated 19.06.2019.

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This order shall be read along with the order dated 19.06.2019 passed in writ petition, W.P.(C) No. 3325/2019.

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This I.A. stands disposed of with the aforesaid terms.

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Comparing Assistant

Parbati Das v. the State of Assam and 7 Ors.

Case brief

What is this about?

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Parbati Das v. the State of Assam and 7 Ors.

Case brief

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What did the court decide?

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