Page No.# 1/5 GAHC010042562026 2026:GAU-AS:3380 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/696/2026 DR GAURAV KUMAR THE ACCOUNTANT GENERAL (A AND E), ASSAM, BELTOLA, GUWAHATI- 29 VERSUS SHOBALAL MALLA S/O LATE RAM KHELAN MALLA @ RAM KHILLON MALLAH, R/O VILL- HAWARGAON, P.O.- BIJNI, DIST- CHIRANG, BTAD, ASSAM 2:PABAN TERANG THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT. OF ASSAM PWD DEPARTMENT DISPUR GUWAHATI-6 3:JAYANT NORLIKAR THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6 4:SANJIB SHYAM THE CHIEF ENGINEER PWD (ROADS) ASSAM CHANDMARI GUWAHATI-03 5:ASHIM KUMAR NAG THE EXECUTIVE ENGINEER Page No.# 2/5 PWD RURAL ROADS DIVISION BONGAIGAON DIST- BONGAIGAON ASSAM PIN-78338 Advocate for the Petitioner : MR. B SHARMA, Advocate for the Respondent : MR. K R PATGIRI, MR A CHALIHA Linked Case : Cont.Cas(C)/423/2025 SHOBALAL MALLA S/O LATE RAM KHELAN MALLA @ RAM KHILLON MALLAH R/O VILL- HAWARGAON P.O.- BIJNI DIST- CHIRANG BTAD ASSAM VERSUS PABAN TERANG AND 4 ORS. THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT. OF ASSAM PWD DEPARTMENT DISPUR GUWAHATI-6 2:JAYANT NORLIKAR THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6 3:SANJIB SHYAM THE CHIEF ENGINEER PWD (ROADS) ASSAM CHANDMARI GUWAHATI-03 Page No.# 3/5 4:DR. GAURAV KUMAR THE ACCOUNTANT GENERAL (A AND E) ASSAM BELTOLA GUWAHATI-29 5:ASHIM KUMAR NAG THE EXECUTIVE ENGINEER PWD RURAL ROADS DIVISION BONGAIGAON DIST- BONGAIGAON ASSAM PIN-783380 ------------ Advocate for : MR. K R PATGIRI Advocate for : MR. B SHARMA (R4) appearing for PABAN TERANG AND 4 ORS. BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 06-03-2026 Heard Mr. B. Sarma, learned counsel for the applicant. Also heard Mr. K.R. Patgiri, learned counsel appearing for the opposite party No. 1/ contempt petitioner. The present interlocutory application has been instituted for exempting the applicant, herein, from appearing personally before this Court on 16-03-2026 in the connected contempt petition in terms of the direction passed by this Court vide order dated 23-02-2026 in Contempt Case (C) No. 423/2025. Mr. B. Sarma, learned counsel for the applicant submits that the applicant, herein, was not aware of the direction contained in the judgment and order dated 29-07-2024 passed by this Court in W.P.(C) No. 6384/2017 till receipt of notice dated 21-08-2025 in the present contempt petition. He submits that the applicant on enquiry found that no proposal in respect Page No.# 4/5 of release of pension to the opposite party No. 1/ petitioner was found to have been received in the office of the applicant from the Administrative Department. He further submits that the matter was thereafter taken up with the Administrative Department and in response the Administrative Department had intimated the office of the applicant that the petitioner was not entitled to receive any pension, inasmuch as, the services of his father was not regularized at the time of his death and accordingly, was not entitled to any pension and pensionary benefits. In the above context, Mr. Sarma submits that the applicant has not violated the direction passed by this Court vide the judgment and order dated 29-07-2024 in W.P.(C) No. 6384/2017 and accordingly, his personal appearance before this Court on 16-03- 2026 be exempted. I have heard the learned counsel for the parties and also perused the materials available on record. Considering the stand taken by the applicant in the present proceeding and it being evident that the steps for compliance of the direction passed by this Court vide order dated 29-07-2024 in W.P.(C) No. 6384/2017 by the applicant has not arisen till date, this Court is of the considered view that the applicant is required to be exempted from personal appearance before this Court on 16-03-2026 in the connected contempt petition in terms of the order dated 23-02-2026 passed, therein, by this Court. In view of the above position as obtaining in the matter, this Court exempts the applicant, herein, who is the respondent No. 4 in the connected contempt petition, from appearing personally before this Court on 16-03-2026. The order of exemption is limited only to the respondent No. 4 in Contempt Case (C) Page No.# 5/5 No. 423/2025. Interlocutory application stands disposed of accordingly. JUDGE Comparing Assistant