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2025 DAILYLAW 18059 (GAU)

PUSHPENDU CHAKRABARTY v. NARAYAN KONWAR AND 6 ORS.

Cont.Cas(C)/488/2024 · 2025-06-19

N Unni Krishnan Nair

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Judgment text

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Page No.# 1/4 GAHC010186582024 2025:GAU-AS:8281 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/488/2024 PUSHPENDU CHAKRABARTY S/O LATE PROMODE RANJAN CHAKRABORTY, R/O- 1ST LINK ROAD, LANE, 10, HOUSE NO. 5, BRAJA BHAWAN, SILCHAR, CACHAR, ASSAM, PIN- 788006. VERSUS NARAYAN KONWAR AND 6 ORS. THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, ASSAM CIVIL SECRETARIAT, BLOCK-C, DISPUR, GUWAHATI, ASSAM, PIN- 788006. 2:SURANJANA SENAPATI THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI ASSAM PIN- 781019. 3:BONNYKHA CHETIA THE DISTRICT ELEMENTARY EDUCATION OFFICER CACHAR SILCHAR ASSAM PIN- 788003. 4:IKBAL HUSSAIN BARBHUIYA THE DEPUTY INSPECTOR OF SCHOOLS SILCHAR CACHAR ASSAM Page No.# 2/4 PIN- 788001. 5:JAYANTA NARLIKAR THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF FINANCE ASSAM CIVIL SECRETARIAT DISPUR GUWAHATI ASSAM PIN- 781006. 6:K S GOPINATH NARAYAN ACCOUNTANT GENERAL ASSAM MAIDAMGAON BELTOLA GUWAHATI ASSAM PIN- 781029. 7:SHANTANU P. GOTMARE THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM ADMINISTRATIVE REFORMS TRAINING PENSION AND PUBLIC GRIEVANCE DEPARTMENT ASSAM SECRETARIAT DISPUR GUWAHATI ASSAM PIN- 781006 Advocate for the Petitioner : MR. B PURKAYASTHA, J.P. BARUAH Advocate for the Respondent : MR S M T CHISTIE (R-3), MR. P K BORAH (R1, R2),MR S M T CHISTIE (R1, R2),MR. D SAIKIA (R1, R2),MR P NAYAK(R-5),MR. B GOGOI(R-5),MR A CHALIHA (R-5) Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 20.06.2025 Heard Mr. B. Purkayastha, learned counsel appearing on behalf of the petitioner. Also heard Mr. P. K. Bora, learned counsel representing the respondent nos. 1, 2, 3 & 4 and Mr. A. Chaliha, learned counsel representing the respondent no. 5 as well as Mr. R. Boro, learned counsel representing the respondent no. 6. None has appeared for the respondent no. 7. This Court vide order dated 06.02.2024, passed in WP(C) No. 6984/2021 had directed the respondent authorities to allow one financial benefit i.e., the second financial up-gradation/benefit to the petitioner and quantify the amount, which will reflect in his retiral pension benefits. Alleging violation of the said direction, the petitioner had instituted the present contempt petition. Today, when the matter was taken up, Mr. R. Boro, learned counsel appearing for the respondent no. 6 has submitted that the office of the Accountant General (A & E), Assam, had already granted the second financial up-gradation/benefit to the petitioner and also revised his pay and allowances, on authorization of such financial up-gradation w.e.f. 01.01.2011 till the date of his retirement on 31.08.2013. The petitioner has also been authorized certain other consequential retiral benefits. In view of the above position, the petitioner having been authorized his second financial up-gradation w.e.f. 01.01.2011, this Court finds that the directions passed vide the said order dated 06.02.2024, passed in WP(C) No. 6984/2021 stands complied with. Accordingly, the present contempt petition stands closed. Notices issued be Page No.# 4/4 recalled. A copy of the communication dated 19.06.2025 along with its enclosures, furnished by Mr. R. Boro, learned counsel for the respondent no. 6 is kept on record and marked as ‘X’ for the purpose of identification. JUDGE Comparing Assistant