Dismissed

Ram Kr Baishya v. M. S. Manivannan and Anr.

Gauhati HC28 Apr 2022Cont.Cas(C)/212/2021

Case brief

AI extract

What is this about?

The Gauhati High Court closed a contempt petition alleging willful violation of a previous order mandating the grant of regular and final pension to the petitioner. The court held that since the department had forwarded the pension papers, further contempt proceedings were not required.

What did the court decide?

Contempt petition stands closed as the department had forwarded the pension papers, rendering further proceedings unnecessary.

Ram Kr Baishya Vs M. S. Manivannan and Anr. — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010083862021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Cont.Cas(C)/212/2021

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RAM KR BAISHYA

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S/O. LT. PURA RAM BAISHYA, R/O. FLAT NO.BLOCK A 5B, HILL VIEW RESIDENCY, RADHA NAGAR, VIP ROAD, SIX MILE, GUWAHATI-781022.

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VERSUS

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M. S. MANIVANNAN AND ANR

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COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE (REGISTRATION) AND D M DEPTT., CM BLOCK, 3RD FLOOR, ASSAM SECRETARIAT (CIVIL), DISPUR, GUWAHATI-781006.

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2:BISWAJIT PEGU

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OFFICE OF THE DEPUTY COMMISSIONER KAMRUP (M) M G ROAD PAN BAZAAR GUWAHATI ASSAM PIN-781001

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Advocate for the Petitioner : MR. A K BARUAH

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Advocate for the Respondent : MS. N BORDOLOI (R-1)

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 28-04-2022

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Heard Mr. A K Baruah, learned counsel for the petitioner. Also heard Mr. J Hadique, learned counsel for the respondent contemnor no. 1.

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This contempt petition is instituted alleging willful and deliberate violation of the order dated 29.01.2021 in WP(C)/2941/2019.

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The direction contained in the said order is extracted as below:

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“11. That being so, in the considered view of this Court, the petitioner is entitled to the pension as per Rule.

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Accordingly, regular and final pension be given to the petitioner and necessary order to that effect be passed by the respondent Nos. 1 and 2 within one month from the date of receipt of a certified copy of this order, to be produced in the Department by the petitioner.”

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A reading of the direction issued by the Court makes it discernable that the departmental authorities in the Revenue (Registration) and Disaster Management Department was required to do the needful for payment of a regular and final pension to the petitioner within a period of one month from the date of the receipt of certified copy of the order.

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When the matter was heard on 30.03.2022, a communication dated 28.03.2022 of the Joint Secretary to the Government of Assam in the Revenue (Registration) and Disaster Management Department was produced which shows that the department had forwarded the pension papers of the petitioner for payment of final pension to the Accountant General (A & E), Assam.

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As the pension papers had been forwarded by the Department to whom the direction of this Court was issued, we are of the view that no further contempt is required to be continued against the departmental officers of the said department.

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If for any reason, the pension papers are not processed further by the office of the Accountant General (A & E), liberty remains to the petitioner to approach the Court again in any of the jurisdiction as may be admissible under the law.

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Page No.# 3/3

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8. Contempt petition stands closed accordingly.

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JUDGE

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Comparing Assistant

Ram Kr Baishya v. M. S. Manivannan and Anr.

Case brief

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Ram Kr Baishya v. M. S. Manivannan and Anr.

Case brief

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