Short order dismissing interlocutory application regarding discrepancy in recoveries stated in two consecutive pay slips due to the ruling court as unnecessary, to be decided in the main writ petition.
Interlocutory application closed without deciding the relief, to be considered in the main writ petition.
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GAHC010077092022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1235/2022
RATNESWAR BANIA
S/O. LT. DASI RAM BANIA, R/O. LAKHIMINAGAR, HATIGAON, DIST. KAMRUP (M), PIN-781006, ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMMISSIONER AND SECRETARY, AGRICULTURE DEPTT., DISPUR, GUWAHATI-781006
2:THE PRINCIPAL SECRETARY AGRICULTURE DEPTT. ASSAM DISPUR GUWAHATI-781006
3:THE SECRETARY AGRICULTURE DEPTT. ASSAM DISPUR GUWAHATI-781006
4:THE DIRECTOR OF AGRICULTURE DEPTT. ASSAM KHANAPARA GUWAHATI-781022
5:THE ACCOUNTANT GENERAL (A AND E) MAIDAMGAON GUWAHATI-78102
Advocate for the Petitioner : MR. U K NAIR Advocate for the Respondent :
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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
O R D E R
08.08.2022
Heard Mr. UK Nair, learned senior counsel for the applicant, Mr. B Choudhury, learned counsel appearing for the respondents in the Agriculture Department of the Government of Assam and Mr. A Hasan, learned counsel for the respondents in the Accountant General (A&E), Assam.
In a writ petition claiming interference of a pay slip which also prescribes recovery of an amount of Rs. 1, 29, 095/- from the arrear pay and allowances due to the petitioner/applicant, during pendency thereof, further pay slip for certain amount had been issued in favour of the applicant, which according to the applicant would be an amount lesser than what he is entitled according to him. Against the subsequent pay slip, this interlocutory application is instituted.
In the circumstances, we are of the view that the relief sought for is not required to be gone into in a separate interlocutory application and the same can be considered when the final relief is considered in the writ petition. If any amount had been paid, which according to the petitioner would be lesser in amount, the same can be taken care of in the writ petition itself.
Keeping the question raised in the interlocutory open to be decided in the writ petition, this interlocutory application stands closed.
JUDGE
Comparing Assistant
Ratneswar Bania
The State of Assam
Achintya Malla Bujor Barua
As recorded by the court registry
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