GS-173517H Sri C Chandra Kumar, J.E. (Civil) v. Dr Ajay Kumar and 5 Ors.

Gauhati HC7 May 2024Cont.Cas(C)/504/2020

Case brief

AI extract

What is this about?

In this contempt petition regarding a previous order's implementation, the Court noted the respondents had credited the eligible amount and released all pay due. Consequently, the Court found no reason to pursue the petition, closing it with liberty to challenge the calculation of arrears separately.

What did the court decide?

Petitioner granted liberty to assail the calculation of pay and emoluments due.

GS-173517H Sri C Chandra Kumar, J.E. (Civil) Vs Dr… — Service and Employment | Gauhati HC (2024)

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GAHC010150322020

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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)/504/2020

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GS-173517H SRI C CHANDRA KUMAR, J.E. (CIVIL)

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S/O LT. C. CHEILATHURAI, 1444 BCC(GREF) (PRESENTLY DEPLOYED AT 95 RCC(GREF) AS I/C DETT PT. 141 UNDER 478 RMPI(GREF), C/O 56 APO, PIN 930095) C/O 99 APO, PIN-931444

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VERSUS

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DR AJAY KUMAR AND 5 ORS.

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THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF DEFENCE, SENA BHAWAN, NEW DELHI, PIN-110001

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2:DR. AJAY BHUSAN PRASHAD PANDEY

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THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF FINANCE DEPARTMENT OF EXPENDITURE NORTH BLOCK

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NEW DELHI-110001

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3:DR. C CHANDRAMOULI

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THE SECRETARY TO THE GOVT. OF INDIA DEPARTMENT OF PERSONNEL AND TRAINING NORTH BLOCK

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NEW DELHI-110001

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4:LT. GENERAL HARPAL SINGH

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THE DIRECTOR GENERAL BORDER ROADS ORGANISATION (BRO) SEEMA SADAK BHAWAN RING ROAD DELHI CANTT. NEW DELHI-110001

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5:SATISH SINGH JOINT SECRETARY BORDER ROADS SECRETARY BORDER ROADS DEVELOPMENT BOARD B WING 4TH FLOOR SENA BHAWAN DHQ PO NEW DELHI-1100011

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6:SMT. DEVIKA RAGHUVASHI THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (BORDER ROADS) SEEMA SADAK BHAWAN RING ROAD DELHI CANTT. NEW DELHI-110001

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Advocate for the Petitioner : MR. I H SAIKIA

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Advocate for the Respondent : MR. R K D CHOUDHURY

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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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Date : 08.05.2024

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Heard Mr. I.H. Saikia, learned counsel for the petitioner.

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Mr. R.K.D. Choudhury, learned counsel appearing for the respondents has produced a copy of written instruction dated 07.05.2024, issued by the Assistant Adm. Officer, Officer-in-Charge, Regional Legal Cell (Eastern Sector), C/o. HQ 99 APO stating that the order of this Court dated 18.02.2020, passed in WP(C) No. 1537/2015 has been complied with by crediting a sum of Rs. 86,462/- in favour of the petitioner. A copy o the pay-slip for the month of March, 2023 is attached thereto.

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It is further stated therein that the petitioner has been removed from

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service w.e.f. 10.08.2023 under Rule 11(viii) of CCS (CC&A) Rules, 1965 due to willfully overstaying leave w.e.f. 22.11.2021.

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The learned counsel for the petitioner has submitted that the calculation done is incorrect and he is entitled to a higher amount of arrear salary. In the said context, the Court is of the considered opinion that if the calculation is incorrect, the petitioner has to challenge the same. However, the respondents have released all the pay and emoluments receivable by the petitioner.

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Notwithstanding the delay in implementing the order of the Court, as the order of the Court has been complied with, the Court has no reason to pursue this contempt petition.

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Accordingly, this contempt petition stands closed, however, with liberty to the petitioner to assail the calculation of pay and emoluments due to him and/or to pursue his remedy in accordance with law.

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Instruction produced by the learned counsel for the respondents along with photocopy of the pay-slip for the month of March, 2023 is kept as a part of record.

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JUDGE

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Comparing Assistant

GS-173517H Sri C Chandra Kumar, J.E. (Civil) v. Dr Ajay Kumar and 5 Ors.

Case brief

What is this about?

What did the court decide?

GS-173517H Sri C Chandra Kumar, J.E. (Civil) v. Dr Ajay Kumar and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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