In a contempt petition regarding non-compliance of an earlier order granting pension benefits, the court observed that the respondent had already issued an order complying with the prior directive, rendering the present petition infructuous.
The contempt petition was dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010061692023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/182/2023
SHAJAHAN ALI AND 10 ORS
S/O NIYAT ALI, R/O VILL-DHUPALPARA, P.O.-MAJGAON, P.S. AND DISTBARPETA, ASSAM, PIN-781313
2: KUSUM DEKA S/O KONDORPO DEKA R/O VILL- GOLIA P.O.-BHAWANIPUR P.S. AND DIST- BARPETA ASSAM PIN-781315 3: RUNUJA THAKURIA W/O NARAYAN KALITA R/O VILL-NORTH GUWAHATI (GHORAMARA) P.O.-GUWAHATI P.S. AND DIST-KAMRUP ASSAM 4: JOGENDRA TALUKDAR S/O BARSUN TALUKDAR R/O VILL-KALBARI P.O.-BHAWANIPUR P.S. AND DIST-BARPETA ASSAM 5: DALIM BARMAN S/O MANURAM BARMAN R/O VILL-GOMURA P.O.-BHALAGURI P.S. AND DIST-BARPETA ASSAM 6: PRADIP TALUKDAR S/O LATE DEBEN TALUKDAR R/O NATUN TANGOLAPARA P.O.-SARUPETA P.S. AND DIST- BARPETA ASSAM
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7: ASKAR ALI AHMED S/O LATE HUSSAIN ALI R/O VILL-KATOLA PATHAR P.O.-CHAPARBARI P.S. AND DIST-BARPETA ASSAM 8: WAHEB ALI AHMED S/O ABDUL HOQUE R/O VILL- KORAGARI GAON P.O.-CHAPARBARI P.S. AND DIST- BARPETA ASSAM 9: MISS LALITA BEGUM W/O JAYNUDDIN AHMED R/O VILL- KATOLA GAON P.O.-CHAPARBARI P.S. AND DIST-BARPETA ASSAM 10: SATISH CHANDRA TALUKDAR S/O DHONARAM TALUKDAR R/O VILL- BHAWANIPUR DAKSHINHATI P.S. AND DIST- BARPETA ASSAM 11: GOKUL DAS S/O LATE RAMESWAR DAS R/O BARPETA ROAD P.O.-BARPETA ROAD P.S. AND DIST-BARPETA ASSA
VERSUS
SAMIR SINHA, IAS
PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, FINANCE (BUDGET) DEPARTMENT, DISPUR, GUWAHATI-6
Advocate for the Petitioner : MR. R SARMA
Advocate for the Respondent : MR A CHALIHA
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BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
08.05.2023
Heard Mr. R Sarma, learned counsel for the petitioners and Mr. A Chaliha, learned Standing counsel, Finance Department for the contemnor/respondent.
Matter pertains to non-compliance of the order dated 05.01.2022 passed by the Court in WP(C) No. 26/2022.
During the deliberation of the matter, Mr. A Chaliha, Standing counsel, Finance Department placed before the Court copy of Order under Memo No. BB.93/2017/305-A dated 26.04.2023 issued by the Secretary to the Government of Assam, Finance (Budget) Department complying the said order dated 05.01.2022 passed by the Court in WP(C) No. 26/2022, granting the petitioners of said WP(C) No. 26/2022 the benefit of pension and other retirement benefits under the Assam Service (Pension) Rules, 1969 with reference to O.M. No. BW.3/2003/Pt.II/284 dated 09.06.2009 subject to fulfillment of conditions thereupon.
As the respondent authority have already complied with the order dated 05.01.2022 passed in WP(C) No. 26/2022, there is no such contempt of Courts on the part of the contemnor/respondent.
Accordingly, this contempt petition being infructuous stands dismissed.
Copy of the Order under Memo No. BB.93/2017/305-A dated 26.04.2023 issued by the Secretary to the Government of Assam, Finance (Budget) Department placed before the Court by Mr. Chaliha, Standing counsel, Finance Department be kept as part of the record.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the non-compliance of the order dated 05.01.2022 existed to sustain the contempt petition.
Whether the petition should be dismissed in view of the respondent authority complying with the prior order.
SHAJAHAN ALI AND 10 ORS
SAMIR SINHA
MANASH RANJAN PATHAK
As recorded by the court registry
Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.
Judgements on the same questions, provisions and authorities, from every court
