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2025 DAILYLAW 22661 (GAU)

BHABATOSH BARMAN v. PREETOM SAIKIA AND 4 ORS.

Cont.Cas(C)/2/2020 · 2025-01-02

N Unni Krishnan Nair

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Judgment text

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Page No.# 1/4 GAHC010319362019 2025:GAU-AS:11 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/2/2020 BHABATOSH BARMAN S/O- LT. RAM NARAIN BARMAN, ADDRESS- GANGANAGAR, TOWN/ VILL.- GANGANAGAR, DIST. CACHAR, PIN- 788009. VERSUS PREETOM SAIKIA AND 4 ORS. THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (SEC.) DEPTT., DISPUR, GHY-06. 2:PHANINDRA JIDUNG THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY.- 19. 3:ANWARUDDIN CHOUDHURY THE SECY. TO THE GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPTT. DISPUR GHY.-06. 4:BHABESH DEKA THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GHY.-06. 5:SABINA YARA YASMIN THE INSPECTOR OF SCHOOLS CACHAR DISTRICT CIRCLE SILCHAR PIN NO.- 788001 Advocate for the Petitioner : MS D BORGOHAIN, MR. P GOHAIN,MS. M SARMAH Advocate for the Respondent : MR. D SAIKIA, MR S M T CHISTIE,MR. K K DUTTA,MR. R MAZUMDAR,MR J ABEDIN Page No.# 2/4 Linked Case : I.A.(Civil)/2999/2023 BHABATOSH BARMANS/O- LT. RAM NARAIN BARMAN ADDRESS- GANGANAGAR TOWN/ VILL.- GANGANAGAR DIST. CACHAR PIN- 788009. VERSUS PREETOM SAIKIA AND 6 ORS. THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPARTMENT DISPUR GUWAHATI-06. 2:PHANINDRA JIDUNGTHE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY.- 19. 3:ANWARUDDIN CHOUDHURYTHE SECY. TO THE GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPTT. DISPUR GHY.-06. 4:BHABESH DEKA THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GHY.-06. 5:SABINA YARA YASMIN THE INSPECTOR OF SCHOOLS CACHAR DISTRICT CIRCLE SILCHAR PIN NO.- 788001. 6:DR. BIJOYA CHOUDHURY SECRETARY TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPARTMENT DISPUR GUWAHATI-06. 7:MAMTA HOJAI THE DIRECTOR EDUCATION SECONDARY DEPARTMENT GOVT. OF ASSAM KAHILIPARA GUWAHATI-19. ------------ Advocate for : MS D BORGOHAIN Advocate for : appearing for PREETOM SAIKIA AND 6 ORS. Linked Case : I.A.(Civil)/3236/2023 BHABATOSH BARMAN S/O- LT. RAM NARAIN BARMAN ADDRESS- GANGANAGAR TOWN/ VILL.- GANGANAGAR DIST. CACHAR PIN- 788009. VERSUS PREETOM SAIKIA AND 6 ORS. THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION (SEC.) DEPARTMENT DISPUR GHY-06. ------------ Advocate for : MS D BORGOHAIN Advocate for : appearing for PREETOM SAIKIA AND 6 ORS. Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 03.01.2025 Heard Ms. Dipika Borgohain, learned counsel, appearing on behalf of the petitioner. Also heard Mr. S. M. T. Chistie, learned counsel, appearing on behalf of the respondents. The present contempt petition has been so instituted by the petitioner, alleging violation of the directions passed by this Court vide order, dated 17.07.2019, in WP(c)2082/2018. This Court, had, vide the said order, dated 17.07.2019, directed the authorities to grant to the petitioner; the revised scale of pay and to finalize the same and release the arrears as well as the revised pensionary benefits within a period of 3(three) months. Mr. Chistie, learned counsel for the respondents, has placed on record, a communication, dated 06.06.2023, received by him from the authorities of the School Education Department wherein it has been stated that the pension and pensionary benefits in respect of the petitioner, has already been finalized in pursuance of the directions passed by this Court vide the said order, dated 17.07.2019, in WP(c)2082/2018, and a Pension Payment Order(PPO) bearing PPO No. ADP/PPO/GPO/2010/ 002283, dated 05.02.2020, has been issued. A copy of the said Pension Payment Order(PPO) has also been placed on record. Page No.# 4/4 Ms. Borgohain, learned counsel, has submitted that although the petitioner has received certain arrears, however, he is of the view that the revision of his pay has not been effected in the manner required. Accordingly, Ms. Borgohain, learned counsel, has prayed that she may be permitted to file appropriate application assailing the fixation of the pension and pensionary benefits of the petitioner, herein, if so called for. In view of the above position, the contempt petition accordingly, stands closed. However, liberty is granted to the petitioner to institute appropriate proceeding, in the event, the revision of his pay has not been so done at the appropriate stage. A copy of the communication, dated 06.06.2023, produced by Mr. Chistie, learned counsel for the respondents, is kept as a part of the record and marked as ‘X’ for the purpose of identification. JUDGE Comparing Assistant