In an order dismissing an appeal filed by the State, the Gauhati High Court directed the respondents to comply with a prior order favorable to the petitioner regarding pay revision within three months, noting that all statutory remedies were exhausted.
Directing respondents to comply with the order in WP(C) No. 4383/2004 within three months.
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GAHC010095702019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3077/2019
BIJIT CHAKRAVORTY
S/O- LT N.N. CHAKRAVORTY, BIDYAPUR,, NALBARI TOWN, P.S. NALBARI, DIST- NALBARI, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS.
NOTICE THROUGH THE SECRETARY TO THE GOVT. OF ASSAM, FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPTT., DISPUR, GHY-6
2:THE PRESIDENT DISTRICT CONSUMER REDRESSAL FORUM NALBARI
3:DIRECTOR OF FOOD AND CIVIL SUPPLIES DEPTT. ASSAM GHY-5
4:SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY-
Advocate for the Petitioner : MR. D CHOUDHURY
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR JUSTICE SONGKHUPCHUNG SERTO
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ORDER
Date : 10-03-2021
Heard Mr. D. Choudhury, learned counsel appearing for the petitioner. Also heard Mr. N. Goswami, learned State counsel appearing for the respondents Nos. 1,2 and 3, and Ms. P. Baruah, learned counsel for the Finance Department.
The petitioner who was serving as temporary Peon in the District Consumer Dispute Redressal Forum, Nalbari in the District of Nalbari filed a writ petition being WP(C) No. 4383/2004 praying for revision of his pay w.e.f. 01.01.1996 as per the revision of pay Rules, 1998. By order dated 08.02.2013 the writ petition was disposed off by allowing the prayer of the petitioner. But, being aggrieved by the said order of this Court the State respodnenrts filed an appeal being W. A. No. 235/2014 challenging the order of this Court. The writ appeal was disposed of by an order dated 5.5.2016 wherein this Court’s order was affirmed. Yet not satisfied with the order passed by the Division Bench the State respodnenrts approached the Hon’ble Supreme Court by filing an SLP but the same was dismissed by an order dated 02.01.2019. Now, since all the options are exhausted the respondents are hereby directed to comply with the order of this Court passed in WP(C) No. 4383/2004 at the earliest but not later than 3 months from today.
The writ petition is disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether respondents are directed to comply with the prior order regarding the revision of the petitioner's pay.
BIJIT CHAKRAVORTY
THE STATE OF ASSAM AND 3 ORS.
SONGHUXCHUNG SERTO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
