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2025 DAILYLAW 4355 (GAU)

Byabang Tatung @ Dui and 2 Ors v. Charu Nili

Cont.Cas(C)/8/2025 · 2025-05-04

Manash Ranjan Pathak

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC040004972025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Cont.Cas(C)/8/2025 Byabang Tatung @ Dui and 2 Ors Son of Late Byabang Lilung, permanent resident of Village Dangdung, PO Palin, Kra Daadi District, Arunachal Pradesh. 2: Takam Tajik Age: Occupation : Son of Shri Takam Kale permanent resident of Village Tassar PO Palin Kra Daadi District Arunachal Pradesh. 3: Takam Choring Age: Occupation : Son of Late Takam Mangha permanent resident of Tabiam Village PO Palin Kra Daadi District Arunachal Pradesh VERSUS Charu Nili APCS, the Deputy Commissioner, Palin, Kra Daadi District, PO Palin, Arunachal Pradesh. Advocate for the Petitioner : Tayum Son, Nabam Taro,Tar Torum Advocate for the Respondent : N Tania, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER Date : 05-05-2025 Heard Mr. N. Torum, learned counsel appearing for the petitioners. Mr. N. Tania, learned counsel has entered appearance for the sole contemnor. 2. The matter relates to non-compliance and willful disobedience of the order dated 03.03.2025, passed by a coordinate Bench of this Court in WP(C) No. 19(AP)2023. 3. This Court earlier on 02.04.2025, issued notice to the sole contemnor on finding that the Deputy Commissioner, Kra Daddi District, while issuing its speaking order dated 26.03.2025 in pursuance to the order of the Court dated 03.03.2025 in WP(C) No. 19(AP)2023, did not consider the Office Memorandum dated 20.01.2025 as well as the notification dated 20.10.2017 issued by the Department of Administrative Reforms, Government of Arunachal Pradesh, vide Memo No. AR-68/2010 and rejected the claim of the petitioners. 4. However, after the order of the Court dated 02.04.2025 passed in this proceeding, the Deputy Commissioner, Kra Daddi District, Palin, vide No. KD/ESTT/ALC-15/(VOL-II)/2023/4006, dated 23.04.2025 passed a fresh order as follows: “..No. KD/ESTT/ALC-15/(VOL-II)/2023 Dated Palin the 23rd April, 2025” Page No.# 3/4 ORDER In compliance to judgement passed by Honorable Guwahati High Court, Itanagar Permanent Bench, Yupia, order dated 3/3/2025 in WP (C) No.19/2023 and Contempt Notice (C) 08 (AP) 2025/673 dated 7/4/2025 received on 8th April 2025. The following Auxillary Labour Corps (ALCs) are hereby reinstated as ALCs from the date they were sent to superannuation after attaining 45 years of age as per Govt. of India, Ministry of Home Affairs vide letter No. F-47(7) NEFA/57 dated 3/6/1962:- 1. Shri Byabang Tatung, ALC. 2. Shri Takam Tajik, ALC. 3. Shri Takam Choring, ALC. The above reinstated ALCs, shall be entitled for all financial and service benefits from the date of superannuation on 30/4/2022, as per Govt. Notification No. DA-13/6/2023-DA'Br. (E-122438 dated 20th Jan 2025. (Charu Nili) APCS, Deputy Commissioner, Kra Daadi District, Palin...” 5. As the sole contemnor i.e. the Deputy Commissioner, Kra Daddi District, Palin, by its order dated 23.04.2025, noted above, complied with the direction of the order dated 03.03.2025, passed earlier by a coordinate Bench of this Court in WP(C) No. 19(AP)2023, the Court found that the sole respondent/contemnor did not commit any contempt of Court. Page No.# 4/4 6. As such, this contempt proceeding being without merit, stands rejected, for the reasons above. 7. The notice of contempt issued to the contemnor earlier on 02.04.2025 is hereby recalled. 8. Needless to say that if the petitioners are still aggrieved by the said order of the Deputy Commissioner, Kra Daddi District, Palin, dated 23.04.2025, they may approach the appropriate forum for redressal of their grievances. JUDGE Comparing Assistant