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2026 DAILYLAW 897 (GAU)

DR. DEEPAK KUMAR GOGOI v. RUPJYOTI PHUKAN

Cont.Cas(C)/199/2025 · 2026-02-17

Arun Dev Choudhury

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/3 GAHC010076212025 2026:GAU-AS:2377 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/199/2025 DR. DEEPAK KUMAR GOGOI S/O LATE MAHENDRA NATH GOGOI, R/O HOUSE NO. 21, UDAY PATH, R.G. BARUAH ROAD, GUWAHATI-781024, DIST- KAMRUP (M), ASSAM VERSUS RUPJYOTI PHUKAN THE RESIDENT CHIEF EXECUTIVE, OIL INDIA LIMITED, DULIAJAN, DIST- DIBRUGARH, ASSAM-786602 Advocate for the Petitioner : MR. B D KONWAR SR. ADV., MR H AGARWAL,MRS J M KONWAR Advocate for the Respondent : MR A CHALIHA, H S BARUAH,MR M BHUYAN,MR. B GOGOI BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 18.02.2026 1. Heard Mr. B. D. Konwar, learned Senior Counsel assisted by Mrs. J. M. Konwar, learned counsel for the petitioner. Also heard Mr. B. Gogoi, learned counsel for the sole respondent. Page No.# 2/3 2. By an order dated 22.04.2024 passed by this Court in WP(C) No. 3605/2015, dealing with a challenge to the dismissal of the service of the petitioner from service, while allowing the writ petition, it was provided that the petitioner be treated to continue in service till his age of superannuation for the purpose of granting him the superannuation benefit and his pay and other benefits be notionally fixed for grant of the superannuation benefit as in the meantime, the petitioner retired. 3. Mr. B. Gogoi, learned counsel for the sole respondent has produced a communication, which goes to show that Terminal benefits including Gratuity, Oil India Employees Pension Fund, Oil India Limited State Provident Fund, has already been paid to the petitioner. 4. Mr. B. D. Konwar, learned Senior Counsel for the petitioner submits that his client has duly received the aforesaid amount. However, Mr. Konwar, learned Senior Counsel submits that an amount of Rs. 19,27,943/- has not been released pursuant to certain order passed in Money Execution Case No. 01/2018 by the learned District Judge, Dibrugarh. 5. Today, Mr. Konwar, learned Senior Counsel for the petitioner has produced the order dated 05.02.2025 passed in Money Execution Case No. 01/2018 by the learned District Judge, Dibrugarh, dismissed the claim of the decree holder in the Money Execution Case for share of gratuity of the petitioner. 6. Mr. Gogoi, learned counsel for the respondent submits that such order is not placed before the concerned authority by the petitioner, and if, same is placed, the authority will do the needful as per law. 7. In the aforesaid backdrop, this Court is of the opinion that the order dated 22.04.2024 passed by this Court in WP(C) No. 3605/2015 has duly been complied with. The non-release of Rs. 19,27,943/- cannot be held to be violation of this Page No.# 3/3 Court’s order as such decision was based on orders passed in Money Execution Case No. 01/2018 by the learned District Judge, Dibrugarh. 8. Therefore, this contempt petition stands closed with a liberty to the petitioner to bring to the notice of his employer regarding the order dated 05.02.2025 passed in Money Execution Case No. 01/2018 by the learned District Judge, Dibrugarh. 9. If such order is placed by the petitioner before the concerned authority, the authority shall consider to release the aforesaid amount as per law. 10. Accordingly, this contempt petition stands closed. JUDGE Comparing Assistant