Page No.# 1/3 GAHC010038672020 2026:GAU-AS:2227 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/119/2020 BHABENDRA NATH CHOUDHURY S/O LT. JITENDRA NATH CHOUDHURY, R/O VILL. SINGIRA, P.O. HINGULEE, P.S. KAMALPUR, DIST. KAMRUP, ASSAM VERSUS PREETOM SAIKIA AND 4 ORS. COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION SECONDARY DEPTT., DISPUR, GHY.-06. 2:PHANINDRA JIDUNG THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY.-19. 3:PRASANTA BORA THE INSPECTOR OF SCHOOLS KAMRUP DIST. CIRCLE AMINGAON(DADARA) GHY.-31. 4:PRITHWISH KUMAR CHAKI THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX LAST GATE DISPUR GHY.-06. Page No.# 2/3 5:UDAYAN HAZARIKA SECRTARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006 Advocate for the Petitioner : MR. R M CHOUDHURY, Advocate for the Respondent : MR. P N GOSWAMI, MR. D SAIKIA,MR S M T CHISTIE (R- 1),MR. D SAIKIA (R-1),MR. R MAZUMDAR BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 16.02.2026 1. Heard Mr. R. M. Choudhury, learned counsel for the petitioner. Also heard Mr. S. M. T. Chistie, learned counsel appearing on behalf of the respondent Nos. 1, 2 and 3. 2. By order dated 19.08.2019 passed in WP(C) No. 857/2017, the respondents were directed to examine the claim of the petitioner to grant him pension based on Scale of Pay of Rs. 8195/- per month and corresponding DCRG amount. Accordingly, payment has been made to the petitioner based on the examination. 3. Mr. Chistie, learned counsel for the respondents has produced a speaking order dated 09.02.2023 passed by the Secretary to the Government of Assam, Department of School Education, in compliance of the order dated 19.08.2019 (supra). 4. Perused the said order, which goes to show that case of the petitioner was considered and it was found that the petitioner had rendered qualifying service of 23 years 09 months, 08 days only and he had not completed the Page No.# 3/3 minimum requisite qualifying service of 25 years to get 50% of pension of last Basic Pay @ Rs. 8195/- P.M. and so he had been granted proportionate pension @ Rs. 7,710/- P.M. 5. In view of the aforesaid, this Court is of the opinion of the that the order dated 19.08.2019 passed in WP(C) No. 857/2017, has been complied with. 6. Accordingly, the present contempt petition stands closed. 7. It is needless to say that the petitioner shall be at liberty to assail such speaking order dated 09.02.2023 passed by the Secretary to the Government of Assam, Department of School Education, if so advise. 8. A copy of order dated 09.02.2023 has been furnished to the learned counsel for the petitioner. 9. A copy of the order dated 09.02.2023 passed by the Secretary to the Government of Assam, Department of School Education is kept on record. JUDGE Comparing Assistant