Page No.# 1/3 GAHC010158032025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2269/2025 HABIB ALI BARBHUIYA S/O LATE IMRAN ALI BARBHUIYA, RESIDENT OF VILLAGE MOHANPUR GRANT, P.O. MOHANPUR, P S ALGAPUR, DIST HAILAKANDI, ASSAM VERSUS SHANTANU P GOTMARE COMMISSIONER AND SECRETARY, GOVERNMENT OF ASSAM, PENSION AND PUBLIC GRIEVANCES DEPARTMENT, DISPUR, GUWAHATI, ASSAM 781006 Advocate for the Petitioner : MR. A M S MAZUMDER, A W BARBHUIYA Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 28.07.2025 Heard Mr. A.M.S. Mazumder, learned counsel for the applicant. Also heard Mr. S. Dutta, learned counsel for the opposite party no.2 and Mr. D. Nath, learned Senior Government Advocate for the opposite party no.5. This Interlocutory Application has been filed seeking impleadment of Page No.# 2/3 opposite party namely Sri Shantanu P. Gotmare, IAS, as a party respondent in the accompanying Contempt Case No. 695/2022. The contempt petition has been filed alleging willful disobedience of the directions contained in the Judgment and Order dated 05.04.2022 passed in WP(C)/1777/2015. During the pendency of the contempt proceedings, the opposite party has been appointed as the Principal Secretary, Government of Assam, Pension & Public Grievance Department. The earlier incumbent, who was arrayed as respondent no. 1, has since demitted her office. Accordingly, the learned counsel for the applicant submits that the present opposite party, being a necessary and proper party, is required to be impleaded in the contempt proceedings, as the directions contained in the aforementioned Judgment and Order dated 05.04.2022 have remained not complied with till date. Having heard the learned counsel for the applicant and considering the prayer made in the application, and taking note of the submission that the opposite party has assumed the office of Principal Secretary, Government of Assam, Pension & Public Grievance Department, Dispur, Guwahati, which has now been renomenclatured as Commissioner and Secretary, Government of Assam, Department of Pension and Public Grievance, this Court is of the view that the presence of the said officer is necessary for the effective adjudication of the contempt proceedings. The Court is of the view that the opposite party is a necessary party to the present proceedings, inasmuch as the directions contained in the Judgment and Order dated 05.04.2022 passed in WP(C)/1777/2015 required the respondents to issue a declaration in terms of the proviso to Rule 31 of the Central Civil Services (Pension) Rules, 1961, so as to reckon the service of the petitioner from 11.08.1987 to 31.08.2001 for the purpose of qualifying for proportionate Page No.# 3/3 pension. Since the said direction has not been complied with till date, the contempt petition has been filed. It is, however, noted that the further direction not to recover the amount of ₹48,069/- from the petitioner has been complied with. Accordingly, the opposite party, namely Sri Shantanu P. Gotmare, IAS, is impleaded as party respondent no. 9 in Contempt Case No. 695/2022. The Interlocutory Application stand allowed and is accordingly disposed of. The applicant shall file an amended cause title within one week from today. JUDGE Comparing Assistant