Page No.# 1/4 GAHC010130672024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/338/2024 GAKUL CHANDRA SARMA S/O- LATE DHARANIDHAR SARMA, R/O- KUSUMPUR, P.O. HINGULEE, P.S. KAMALPUR, DIST. KAMRUP(R), ASSAM VERSUS GYANENDRA DEV TRIPATHI AND 5 ORS. COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE DEPARTMENT, DISPUR, GHY-6. 2:JAYANT NARLIKAR SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GHY-781006. 3:SANTANU P. GOTMARE DIRECTOR OF LAND RECORDS AND SURVEYS ETC. ASSAM RUPNAGAR GHY-781022. 4:BHABESH DEKA DIRECTOR PENSION ETC DEPARTMENT OF ASSAM HOUSEFED COMPLEX DISPUR GHY-781006. 5:SUNIL DAS TREASURY OFFICER Page No.# 2/4 DISPUR DIST. KAMRUP ASSAM 6:K. S. GOPINATH ACCOUNTANT GENERAL ASSAM BELTOLA GHY-781029 ASSA Advocate for the Petitioner : MR. D BHUYAN, MR. P GOGOI Advocate for the Respondent : MR. S DUTTA (R-1), MR P NAYAK(R-2),MR. B GOGOI(R-2),MR A CHALIHA(R-2),MR A CHALIHA(R-5),MR. R BORPUJARI(R-5),MR. D SAIKIA(R-5),MR. D SAIKIA (R-1),MR. R BORPUJARI (R-1) BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 19.02.2025 Heard Mr. D. Bhuyan, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned counsel for the respondent Nos. 1 & 3 and Mr. R.K. Talukdar, learned counsel for the respondent No. 6. 2. By way of this contempt petition, the petitioner has alleged willful and deliberate violation and/or non-compliance of the Order dated 10.04.2024 passed by this Court in WP(C) No. 5910/2020. 3. Relevant portion of the said Order dated 10.04.2024 is extracted hereunder for ready reference:- “12. In view of all the discussions made, this Court is of the view that there should be no further delay in the release of pensionary Page No.# 3/4 benefits and other retirel benefits, including, gratuity, leave encasement. The same be released forthwith and the period under which the petitioner was placed under suspension also is directed to be regularized since there was no consequential departmental proceedings initiated against him. The respondent authorities are forthwith directed to regularize the period of suspension of the writ petitioner by considering the said period to be “on duty” and thereafter release whatever outstanding retiral benefits are found to be payable to the petitioner, including leave encasement salary and gratuity and release the final pension to the writ petitioner. 13. This exercise be carried out by the respondent authorities within a period of 60 (sixty) days from the date of receipt of the certified copy of this order.” 4. Pertinent that this Court on 28.08.2024 has taken note of the submission of the learned counsel appearing for the respondents alongwith a copy of the written instruction dated 27.08.2024, which was produced before the Court, that the provisional pension, GPF, GIS, DCRG and leave salary have been paid to the petitioner. 5. It further appears that this Court on that date also had taken note of the Order dated 31.07.2024, which was placed before this Court by the learned counsel appearing for the respondents, which reveals that the period in question has been regularized and the incumbent is treated to be on duty. 6. It appears that since the order of regularization has already been passed, Page No.# 4/4 the aspect of regular pension was only remaining as on that date and accordingly, the matter was posted for today. 7. Today, when the matter has been called, Mr. R.K. Talukdar, learned counsel for the respondent No. 6 has placed before this Court a copy of the Pension Payment Order No. 905511322688 dated dated 18.11.2024 and a copy of the Gratuity Payment Order No. 51232268824 dated 18.11.2024 addressed to the Treasury Officer, whereby the regular pension payment and the gratuity payment has been directed to be released. 8. That being so, it appears that the order of this Court dated 10.04.2024 stands fully complied. 9. In view of the above, nothing survives for adjudication in the matter and the Contempt Petition accordingly stands closed. 10. A copy of the aforesaid P.P.O and G.P.O is kept on record and marked as ‘A’ and ‘B’. JUDGE Comparing Assistant