ORDER

02.02.2022 Date :

Heard Mr. J. Singh, learned counsel for the petitioner. Also heard Mr. B.

Gogoi, learned standing counsel for the Health Department, respondent nos. 1 to 3 and Mr. A. Chaliha, learned standing counsel for the Finance Department, respondent no. 4.

2. It is seen from the order dated 18.11.2020 that this Court had observed that in the event of failure of the respondent to represent, the matter shall be heard and decided ex-parte against the respondents. Despite the said order, the respondents have not contested this writ petition and therefore, the averments made in the writ petition is accepted to be correct by applying the doctrine of non-traverse. It may be stated that although the learned standing counsel for the Health Department had prayed for some more time to file, the prayer was refused in light of the order dated 18.11.2020. Thereafter, the learned standing counsel for the Health Department has submitted that even without affidavit-in- opposition, the matter can be still be decided by directing the authorities to take an appropriate decision in the matter.

3. The petitioner had superannuated on 30.06.2011 while serving as Joint Director of Health Services