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2025 DAILYLAW 25687 (GAU)

ANUPAMA BORAH v. ANURAG GOEL

Cont.Cas(C)/135/2020 · 2025-11-16

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/2 GAHC010045462020 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/135/2020 ANUPAMA BORAH W/O- LATE DR. ANIL PRASAD BORA, R/O- BELTOLA, SURVEY, P.O. BELTOLA, P.S. HATIGAON, GUWAHATI, DIST.- KAMRUP(M), ASSAM, PIN- 781006. VERSUS ANURAG GOEL COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI- 781006, ASSAM Advocate for the Petitioner : MRS N SAIKIA, MS. L BORGOHAIN,MRS. P GOSWAMI Advocate for the Respondent : MRS D BORAH, SC, HEALTH,SC, HEALTH AND F W BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 17.11 .2025 None appears for the petitioner when the matter is called up. Mrs. D. Borah, learned counsel appears for the sole respondent. The writ petition being WP(C) No.5324/2016 was filed by the writ Page No.# 2/2 petitioner, which stood disposed of on 23.05.2018 by the Co-ordinate Bench of this Court by directing the Commissioner and Secretary, Government of Assam, Health Department to examine the case of the petitioner, whether the petitioner is entitled or eligible for pension under the Assam Service Pension Rules, 1969. The petitioner was given liberty to file a representation within a period of one month and which was directed to be disposed of within a period of two months. Since this order was not complied with, the present contempt petition has been filed. Today when the matter is called up Mrs. D. Borah, learned counsel for the sole respondent on instructions submits that the decision has been taken by the Department of Health and Family Welfare, Government of Assam and the case of the petitioner has been examined, the petitioner was appointed on 11.03.2005 in a Grade – III post and since her appointment was made after 01.02.2005, the petitioner will be eligible for pension under the New Pension Scheme not under the Assam Services Pension Rules, 1969. Taking into account the instructions placed before the Court, this Court is of the view that the directions contained in the order dated 23.05.2018 passed in WP(C) No.5324/2016 has been complied with. Accordingly, this Court does not propose to proceed any further in this matter and accordingly, this matter stands closed. Notices issued, if any stands recalled. JUDGE Comparing Assistant