Allowed

Sailendra Kumar Deuri v. the Union of India and Ors.

Gauhati HC18 Mar 2025I.A.(Civil)/176/2025

Case brief

AI extract

What is this about?

On 19.03.2025, the Court allowed an interlocutory application requesting the continuation of an interim order. The Court found that the interim order had not been continued in two prior orders due to oversight and directed its continuation till the next date of listing before disposing of the application.

What did the court decide?

Continuation of the interim order passed earlier till the next date of listing.

Sailendra Kumar Deuri Vs the Union of India and Ors. — Service and Employment | Gauhati HC (2025)

Page No.# 1/6

GAHC010201322024

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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)/176/2025

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SAILENDRA KUMAR DEURI

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REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE NIRMAN BHAVAN NEW DELHI-110011.

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VERSUS

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THE UNION OF INDIA AND ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE NIRMAN BHAVAN NEW DELHI-110011.

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3:LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH

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TEZPUR DIST. SONITPUR ASSAM PIN- 784001.

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4:THE GOVERNMENT OF ASSAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM

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Page No.# 2/6

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ASSAM SECRETARIAT DISPUR GUWAHATI-781006. 5:THE SECRETARY DEPARTMENT OF DONER VIGYAN BHAWAN ANNEXE MAULANA AZAD ROAD NEW DELHI-110011.

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6:THE UNDER SECRETARY TO MOHFW

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GOVT OF INDIA NIRMAN BHAWAN NEW DELHI-110011. 7:THE DEPUTY DIRECTOR

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LGBRIMH TEZPUR ASSAM PIN- 784001. -----------Advocate for : MR. K N CHOUDHURY Advocate for : SC C.G.C. appearing for THE UNION OF INDIA AND ORS

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Linked Case : WP(C)/3769/2024

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SAILENDRA KUMAR DEURI R/O- KALIBARI TEZPUR ASSAM PIN- 784001 PRESENTLY SERVING AS DIRECTOR OF LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR ASSAM PIN- 784001.

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VERSUS

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THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA

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Page No.# 3/6

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MINISTRY OF HEALTH AND FAMILY WELFARE NIRMAN BHAVAN NEW DELHI-110011.

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2:THE CHAIRMAN EXECUTIVE COUNCIL LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH REPRESENTED BY THE SECRETARY HEALTH AND FAMILY WELFARE GOVERNMENT OF INDIA NIRMAN BHAVAN NEW DELHI-110011. 3:LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR DIST. SONITPUR ASSAM PIN- 784001.

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4:THE GOVERNMENT OF ASSAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI-781006. 5:THE SECRETARY DEPARTMENT OF DONER VIGYAN BHAWAN ANNEXE MAULANA AZAD ROAD NEW DELHI-110011.

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6:THE UNDER SECRETARY TO MOHFW

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GOVT OF INDIA NIRMAN BHAWAN NEW DELHI-110011.

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7:THE DEPUTY DIRECTOR

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LGBRIMH TEZPUR ASSAM PIN- 784001.

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8:DR DHRUBA JYOTI CHETIA

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Page No.# 4/6

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S/O- SRI CHTRADHAR CHETIA R/O-QTR NO. TYPE VI/A1 LOKOPRIYA GOPINATH BORDOLOI REGIONL INSTITUTE OF MENTAL HEALTH KALIBARI TEZPUR P.O. AND P.S.- TEZPUR DIST. - SONITPUR ASSAM PIN-784001.

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-----------Advocate for : MR. K N CHOUDHURY Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 6 ORS

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Linked Case No. : WP(C)/5054/2024

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DR SAILENDRA KUMAR DEURI R/O- KALIBARI, TEZPUR, ASSAM, 784001 PRESENTLY SERVING AS DIRECTOR PROFESSOR OF LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH, TEZPUR, ASSAM, PIN- 784001

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VERSUS

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THE UNION OF INDIA AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI- 110011

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3:THE UNDER SECRETARY TO MOH AND FW GOVT. OF INDIA NIRMAAN BHAWAN NEW DELHI- 110011

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4:THE LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR DISTRICT- SONITPUR ASSAM PIN- 784001 REPRESENTED BY ITS DEPUTY DIRECTOR

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5:DR. JYOTI HAZARIKA

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PROF AND HOD DEPARTMENT OF MICROBIOLOGY AND MEDICAL SUPERINTENDENT THE LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR DISTRICT- SONITPUR ASSAM PIN- 78400

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Advocate for the Petitioner : MR. K N CHOUDHURY, MISS. R R KAKATI

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Advocate for the Respondent : GA, ASSAM, MR. K GOGOI (CGC),DY.S.G.I.,SC, L G B R I M H

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BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

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ORDER

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19.03.2025

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Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Ms. R. Kakoti, learned counsel for the applicant. Also heard Mr. K. Gogoi, learned counsel for the respondent Nos. 1, 5 & 6, Mr. R. Dhar, learned Addl. Senior Government Advocate for the respondent No. 4 and Mr. K.K. Phukan, learned counsel for the respondent No. 8.

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This Interlocutory Application has been filed for continuation of the interim order dated 30.07.2024 passed in the instant writ petition, i.e. WP(C) No. 3769/2024, which was not continued in the last two orders.

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A perusal of the Order dated 26.09.2024, wherein after hearing this matter and since the hearing could not be concluded, the matter was fixed on 27.09.2024 for further hearing.

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It further appears that in the said order, interim order passed earlier was directed to continue till the next date of listing. It further appears that thereafter, the matter was listed on 01.10.2024. However, there is no mention of continuing the interim order passed earlier.

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It further appears that the matter when came on 03.10.2024, on which date the parties have submitted written synopsis and on that date also, there was no order for continuation of the interim order. It appears that due to oversight, the interim order passed earlier was not continued by the last two orders. It appears that the writ petition was part-heard. It appears that in the writ petition, written arguments have also been submitted by the parties.

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That being so, in the interest of justice, this Court allows this Interlocutory Application by directing that the interim order passed earlier shall continue till the next date of listing.

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Interlocutory Application accordingly stands disposed of.

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JUDGE

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Comparing Assistant

Sailendra Kumar Deuri v. the Union of India and Ors.

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Sailendra Kumar Deuri v. the Union of India and Ors.

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