Disposed

Smti. Baijayanti Bordoloi v. Rajiv Mehrishi and 4 Ors.

Gauhati HC19 May 2023Cont.Cas(C)/376/2016

Case brief

AI extract

What is this about?

In this contempt case, the Gauhati High Court held that the impugned order dated 03.12.2015 did not contain specific directions to pay salary for a particular period. Concluding that the issue requires separate adjudication in light of the 'no work no pay' principle, the court closed the contempt petition but granted liberty to file a separate writ petition.

What did the court decide?

Contempt case is closed; liberty granted to file a separate writ petition regarding the claim for salary for the period from 04.05.2000 to 19.08.2004.

Smti. Baijayanti Bordoloi Vs Rajiv Mehrishi… — Pension and Retirement Benefits | Gauhati HC (2023)

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GAHC010171542016

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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)/376/2016

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SMTI. BAIJAYANTI BORDOLOI W/O- LT. SOMET CH. BORDOLOI, VILL.- NEW DEURIGAON, P.O.DUMAIBAGIDAPARA, P.S.- KACHUA, DIST.- NAGAON, ASSAM, PIN- 782428.

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VERSUS

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RAJIV MEHRISHI and 4 ORS. THE SECY. TO THE GOVT. OF INDIA, HOME DEPTT., NEW DELHI, PIN110001.

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2:LT. GENERAL H.J.S. SACHDEV THE DIRECTOR GENERAL OF POLICE ASSAM RIFLES SHILLONG MEGHALAYA PIN- 793001.

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3:MANISH KATARIA THE COMMANDANT 10TH ASSAM RIFLES C/O- 99 APO DIPHU ASSAM PIN- 782460 PRESENT ADDRESS- DIST.- PAPUMPARE ITANAGAR ARUNACHAL PRADESH PIN- 791121.

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4:JATIN MITTAL COMMANDANT 10TH ASSAM RIFLES BATTALION

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Page No.# 2/4

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C/O 99 APO DIST.- PAPUMPARE ITANAGAR ARUNACHAL PRADESH PIN-791121.

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5:LT. GENERAL P.C. NAIR THE DIRECTOR GENERAL OF POLICE ASSAM RIFLES SHILLONG MEGHALAYA PIN-793001

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Advocate for the Petitioner : MR.R BARUAH

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Advocate for the Respondent : MR. S K MEDHI (R-5)

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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19.05.2023

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Heard Mr. R. M. Choudhury, learned counsel for the petitioner. Also heard Mr. S.

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K. Medhi, learned counsel for the respondents.

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This Contempt Case has been filed alleging wilful disobedience of the order dated 03.12.2015 passed by the learned Single Judge in WP(C) No.5759/2010

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containing the following directions :-

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“ 23. In view of the above, both declaration of petitioner’s husband Samet Chandra Bordoloi as deserter and his dismissal from service vide order, dated 31.08 .2005, are set aside and quashed. He shall be treated to have been in service till his death on 19.08.2004. The period from 04.05.2000 till 19.08.2004 shall be regularized by the authority. Consequently, Smt. Baijayanti Bordoloi widow of Samet Chandra Bordoloi shall be entitled to all consequential benefits due to Late Samet Chandra Bordoloi. All such benefits shall be released to her within a period of three months from the date of receipt of a certified copy of this order.

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24. For the pain and agony that a hapless widow had to undergo while pursuing the litigation for all these years, Court is of the view that cost of Rs.25,000/- should be paid to her by the respondents along with the service benefits within the period as indicated above .”

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In terms of the aforesaid order of this Court, the respondent authorities have

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already released payment for amount of :-

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(a) Rs.10,27,915/- as arrears of family pension.

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(b) Rs.1,09,231/- as death gratuity, and

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Notwithstanding the same, the petitioner is pursuing this contempt case on the

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ground that the respondents have not paid the salary for the period from

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04.05.2000 till 19.08.2004. According to the petitioner, the expression

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“consequential benefits” would also include salary for the aforesaid period. Mr. Medhi has, however, submitted that by following the principle of “no work no pay”, the petitioner would not be entitled to salary for the above period.

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According to him, no such order for payment of salary has also been passed by the Court.

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From a reading of the order dated 03.12.2015, I do not find any specific

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direction from the Court to pay salary for the period from 04.05.2000 to

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19.08.2004. Whether the direction to regularise the service of the petitioner’s

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husband for the above period would also include the direction to pay salary for the period is a matter which will require adjudication in view of the stand of “no work no pay” taken by the respondents.

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In view of the above, it is apparent that the claim of the petitioner for payment

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of salary for the period from 04.05.2000 till 19.08.2004 has to be adjudicated by

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the Court in an appropriate proceeding filed by the petitioner.

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As such, this Contempt Case is closed by granting liberty to the petitioner to file

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a separate writ petition agitating her grievance in respect of the aforesaid

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aspect, if so advised.

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With the above observation, this contempt case stands closed.

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JUDGE

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Comparing Assistant

Smti. Baijayanti Bordoloi v. Rajiv Mehrishi and 4 Ors.

Case brief

What is this about?

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Smti. Baijayanti Bordoloi v. Rajiv Mehrishi and 4 Ors.

Case brief

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