Page No.# 1/5 GAHC010241932024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3706/2024 THE STATE OF ASSAM REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM FINANCE PAY RESEARCH UNIT DEPTYT DISPUR GUWAHATI 6 VERSUS 1.NAKIB SAIKIA AND ORS S/O- LATE DR. T SAIKIA, R.O- HATIGAON, LNB ROAD, H.NO-7, GUWAHATI, KAMRUP (M), ASSAM, PIN-781038 2:GYANENDRA SARKAR S/O- LATE NAGARBASI SARKAR R.O- AMBAGAN WARD NO-8 P.O- TEZPUR DIST- SONITPUR ASSAM PIN-784001 3:PULIN PHUKAN S/O- LATE TILOK PHUKAN R.O- SNB ROAD JORHAT P.O- JORHAT DIST- JORHAT ASSAM PIN-785001 4:MD. JOYAN ALI S/O- LATE MOHAMMAD ALI R.O- VILLAGE BANGALPARA P.O- BHASKAR BAZAR P.S- HAJO DIST- KAMRUP ASSAM PIN-784001 5:LABANYA BORAH D/O- LATE BAPUKAN BORAH R.O- SIVASAGAR PHUKAN NAGAR WARD NO-14 P.O- SIVASAGAR DIST- SIVASAGAR ASSAM PIN-785640 6:KISHORE BARUAH S/O- LATE MANINDRA KUMAR BARUAH R.O- BIRUBARI RUPNAGAR GMCH ROAD GUWAHATI KAMRUP METRO ASSAM PIN-781016 Page No.# 2/5 7:SYED MEHMOOD HASSAN S/O- LATE SYED IRSHAD HUSSAIN R.O- DURANBASTI BYE LANE NO-12 FAKHARUDDIN ALI AHMED NAGAR SIXMILE GUWAHATI KAMRUP METRO ASSAM 8:TILESWAR BASUMATARY S/O- LATE BIJEN CHANDRA BASUMATARY R.O- HATIMATHA KOKRAJHAR WARD NO-8 P.O- KOKRAJHAR DIST- KOKRAJHAR ASSAM 9:PRABHAT KR. BORTHAKUR S/O- LATE JADU NATH BARTHAKUR R.O- KALYANOPUR PULIBOR JORHAT ASSAM 10:ATUL CHANDRA BARUAH S/O- LATE MILIK CHANDRA BARUAH R.O- MORIGAON TOWN WARD NO-4 M.B ROAD P.O- MORIGAON ASSAM PIN-782115 11:DEBENDRA NATH S/O- LATE NAURAM NATH R.O- COLLEGE NAGAR P.O- DHUPDHARA DIST- GOALPARA ASSAM PIN-783123 12:ABDUL RAUF CHOUDHURY S/O- LATE HABIB ALI CHOUDHURY R/O- VILLAGE MEHER PUR SILCHAR DIST- CACHAR ASSAM PIN-788015 13:MUNINDRA NATH BHATTACHARYA S/O- LATE NAGENDRA NATH BHATTACHARYA R.O- VILLAGE DAKHINGAONP.O- KAHILIPARA GUWAHATI KAMRUP METRO ASSAM PIN-781019 14:MD. DEHNUR ALI AHMED S/O- LATE NIZAMUDDIN AHMED R/O- SANTIPUR PATH NA ALI LICHUBAGAN NEAR GATTANI FLOUR MILL JORHAT ASSAM PIN-785001 15:ROBIN GOGOI R/O- KACHU GAON P.O- POLIBOR DIST- GOLAGHAT PIN-785621 16:HAREN BARTHAKUR R/O- CHOLADHARA GYANPITH JORHAT ASSAM Page No.# 3/5 17:ROBINDRA NATH BARUAH S/O- LATE RAMA KANTA BARUAH R/O- VILLAGE AGCHIA P.O- AGCHIA (PALASHBARI) DIST- KAMRUP ASSAM PIN-781128 18:MD. SORMAN ALI MOLLAH S/O- LATE ROSTAM ALI MOLLAH R/O- VILLAGE MANASPURA P.O- LAKHIPUR DIST- GOALPARA ASSAM 19:PRADYUMNA BORGOHAIN S/O- LATE BALURAM BORGOHAIN R/O- JOYSAGAR SIBSAGAR PIN-785665 20:GANGADHAR DAS S/O- LATE HORIPAD DAS R/O- VILLAGE BARSIDHANI (SUKILARPAR) P.O-BAGHNARA BAZAR DIST- BAJALI ASSAM PIN-781328 21:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT GUWAHATI 06 22:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT ASSAM PANJABARI JURIPAR GUWAHATI-37 23:THE PRINCIPAL ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI- 2 For the Applicant(s) : Mr. D. Saikia, Advocate General, Assam assisted by Mr. R. Barpujari, Standing Counsel, Finance Department and Ms. R. Barua, Advocate. For the Respondent(s) : Mr. K.N. Choudhury, Senior Advocate assisted by Mr. M. Phukan, Advocate for respondents/caveators. : Mr. S. Dutta, Standing Counsel, Panchayat and Rural Development Department for respondent Nos.21 & 22. : Mr. C. Baruah, Standing Counsel, AG for respondent No.23. Page No.# 4/5 – BEFORE – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE KARDAK ETE 14.05.2025 (Vijay Bishnoi, CJ) The matter comes upon for consideration of this Interlocutory Application preferred on behalf of the applicants with the prayer to condone the delay of 263 days occasioned in preferring the connected writ appeal. It appears that in this Interlocutory Application sufficient reasons for condoning the delay had not been offered and therefore, this Court, vide order dated 27.02.2025, granted time to the counsel for the applicant to file additional affidavit explaining the delay in filing the connected writ appeal. Pursuant to that, an additional affidavit dated 06.03.2025 was filed on behalf of the applicant explaining the delay in filing the connected writ appeal. The sum and substance of the additional affidavit dated 06.03.2025 is that creation of new fitment tables is outside the recommendation of the 7th Assam Pay and Productivity Pay Commission and is a complex matter, several meetings were held amongst the officials and also with the retired officials who have expertise in the Pay Commission and fixation matters, and, therefore, the delay is caused in filing the connected writ appeal. The said additional affidavit is opposed by the learned counsel for the respondents/caveator stating that the reasons offered by the applicant for condoning the delay are not convincing and also not supported by any documentary evidence and therefore, the same cannot be taken into Page No.# 5/5 consideration. After hearing the learned counsel for the parties and after going through the contents of the application as well as the counter to the condonation application and the additional affidavit filed on behalf of the applicant as well as the affidavit-in-reply filed on behalf respondent Nos.1 to 20, we are of the view that the delay of 263 days occasioned in filing the connected writ appeal is liable to be condoned. Hence, this Interlocutory Application is allowed and the delay of 263 days occasioned in filing the connected writ appeal is condoned. Registry is directed the register the connected writ appeal and list the same for admission in the month of June, 2025. JUDGE CHIEF JUSTICE Comparing Assistant