Anisul Haque @ Anisul Haque v. Anand Prakash Tiwari

Gauhati HC8 Feb 2024Cont.Cas(C)/97/2020

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of multiple writ and contempt petitions filed by former ASTC employees seeking payment of gratuity, unutilized leave salary, and CPF. Upon the respondent producing a government sanction order of Rs. 50 crores dated 16.01.2024, the court closed the petitions, noting entrustment to the administration for disbursal.

What did the court decide?

Writ petitions and connected contempt petitions closed with a direction to the respondent to release dues based on the government sanction granted.

Anisul Haque @ Anisul Haque Vs Anand Prakash… — Pension and Retirement Benefits | Gauhati HC (2024)

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Page No.# 1/7

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GAHC010112612019

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

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Case No. : WP(C)/3349/2019

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LABANYA DUTTA

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W/O- SRI NAVAJYOTI BHUYAN, R/O- WARD NO. 3, P.O. DIKRONG, P.S. NARAYANPUR, DIST- LAKHIMPUR, PIN- 784164, ASSAM

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VERSUS

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THE ASSAM STATE TRANSPORT CORPORATION AND 4 ORS. PALTAN BAZAR, GHY-8, DIST- KAMRUP, ASSAM

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2:THE MANAGING DIRECTOR ASSAM STATE TRANSPORT CORPORATION PALTAN BAZAR GHY-8 DIST- KAMRUP ASSAM

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3:THE CHIEF PERSONAL OFFICER ASSAM STATE TRANSPORT CORPORATION PALTAN BAZAR GHY-8 DIST- KAMRUP ASSAM 4:THE ACCOUNTS OFFICER (E) ASSAM STATE TRANSPORT CORPORATION PALTAN BAZAR GHY-8 DIST- KAMRUP ASSAM

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5:THE DIVISIONAL SUPERINTENDENT ASSAM STATE TRANSPORT CORPORATION

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Page No.# 2/7

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NORTH LAKHIMPUR DIST- LAKHIMPUR ASSA

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Advocate for the Petitioner : MR. P TALUKDAR

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Advocate for the Respondent : SC, A S T C

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Linked Case : Cont.Cas(C)/97/2020

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ANISUL HAQUE @ ANISUL HAQUE S/O. LT. AZIAUL HAQUE R/O. LALUKA GAON DIBRUGARH 786008 P.S. DIBRUGARH P.O. MAHANAGHAT DIST. DIBRUGARH ASSAM.

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VERSUS

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ANAND PRAKASH TIWARI THE MANAGING DIRECTOR OF ASSAM STATE TRANSPORT CORPORATION PARIBAHAN BHAWAN PALTAN BAZAR GUWAHATI-781008 P.S. PALTAN BAZAR DIST. KAMRUP (M) ASSAM.

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-----------Advocate for : MR. M P CHOUDHURY Advocate for : MR H M R HOQUE SC ASTC appearing for ANAND PRAKASH TIWARI

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Linked Case : Cont.Cas(C)/101/2020

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PRAKASH SAIKIA

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Page No.# 3/7

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S/O LATE BHUBAN SAIKIA R/O CHIRING GAON TINSUKIA-786156 P.S.-TALAP P.O.-DANGORI DIST-TINSUKIA ASSAM

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VERSUS

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ANAND PRAKASH TIWARI THE MANAGING DIRECTOR OF ASSAM STATE TRANSPORT CORPORATION PARIBAHAN BHAWAN PALTAN BAZAR GUWAHATI-781008 P.S.-PALTAN BAZAR P.O.-PALTAN BAZAR DIST-KAMRUP(M) ASSAM

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-----------Advocate for : MR. M P CHOUDHURY Advocate for : MR. S SARMA appearing for ANAND PRAKASH TIWARI

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Linked Case : Cont.Cas(C)/88/2020

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SAMIR ROY S/O- LATE UPENDRA ROY R/O- MAKUM JUNCTION TINSUKIA- 786170 P.S- MAKUM P.O- MAKUM DIST- TINSUKIA ASSAM

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VERSUS

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ANAND PRAKASH TIWARI THE MD OF ASTC PARIBAHAN BHAWAN PALTAN BAZAR GUWAHATI- 781008 P.S- PALTAN BAZAR

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Page No.# 4/7

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P.O- PALTAN BAZAR DIST- KAMRUP (M) ASSAM

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-----------Advocate for : MR. M P CHOUDHURY Advocate for : MR H M R HOQUE SC ASTC appearing for ANAND PRAKASH TIWARI

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Linked Case : Cont.Cas(C)/100/2020

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MD. SAFIUR RAHMAN @ SAIFUR RAHMAN S/O LATE MOTIUR RAHMAN R/O WARD NO. 7 SANTIPUR SADIYA SUB-DIVISION TINSUKIA-786157 P.S.-SADIYA P.O.-SANTIPUR DIST-TINSUKIA ASSAM

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VERSUS

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ANAND PRAKASH TIWARI THE MANAGING DIRECTOR OF ASSAM STATE TRANSPORT CORPORATION PARIBAHAN BHAWAN PALTAN BAZAR GUWAHATI-781008 P.S.-PALTAN BAZAR P.O.-PALTAN BAZAR DIST-KAMRUP(M) ASSAM

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-----------Advocate for : MR. M P CHOUDHURY Advocate for : MR. S SARMA appearing for ANAND PRAKASH TIWARI

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Linked Case : Cont.Cas(C)/106/2020

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USHA RANI DEVI

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Page No.# 5/7

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D/O LATE NARENDRA PRASAD BARUA R/O MILAN TIRTHA TINSUKIA-786153 P.S.-DOOMDOOMA P.O.-RUPAI SIDING DIST-TINSUKIA ASSAM

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VERSUS

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ANAND PRAKASH TIWARI THE MANAGING DIRECTOR OF ASSAM STATE TRANSPORT CORPORATION PARIBAHAN BHAWAN PALTAN BAZAR GUWAHATI-781008 P.S.-PALTAN BAZAR P.O.-PALTAN BAZAR DIST-KAMRUP(M) ASSAM

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-----------Advocate for : MR. M P CHOUDHURY Advocate for : MR. S SARMA appearing for ANAND PRAKASH TIWARI

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Linked Case : Cont.Cas(C)/107/2020

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TIKESWAR DEORI S/O LATE SUCHEN CHANDRA DEORI R/O WARD NO. 5 BHARALICHUK DHEMAJI-787057 P.S.-DHEMAJI P.O.-DHEMAJI DIST-DHEMAJI ASSAM

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VERSUS

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ANAND PRAKASH TIWARI

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THE MANAGING DIRECTOR OF ASSAM STATE TRANSPORT CORPORATION PARIBAHAN BHAWAN PALTAN BAZAR GUWAHATI-781008

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Page No.# 6/7

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P.S.-PALTAN BAZAR P.O.-PALTAN BAZAR DIST-KAMRUP(M) ASSAM

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-----------Advocate for : MR. M P CHOUDHURY Advocate for : MR. S SARMA appearing for ANAND PRAKASH TIWARI

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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Date : 09.02.2024

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Heard Ms. D. Angana, learned counsel for the petitioner in WP(C)/3349/2019 and Mr. S. Bathari, learned counsel for the petitioner in other connected 6 nos. of contempt petitions. Also heard Mr. J. Roy, learned senior counsel assisted by Ms. N. Ahmed, learned counsel for ASTC.

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This writ petition along with other connected contempt petitions are filed by the petitioners raising different claims in respect of their gratuity, unutilized leave salary, CPF etc. Out of the claims, some amount has been settled by the ASTC. All the petitioners are former employees of ASTC and they have superannuated on various dates. However, inspite oftheir entitlement, the claims of the petitioners were not settled on the ground of financial constraint. Several opportunities were granted earlier and submissions were made that the proposals have been forwarded to the appropriate department in the Government for necessary sanction. Today when the matter is called up, Mr. J. Roy, learned senior counsel assisted by Ms. N. Ahmed, learned counsel for ASTChas placed before the Court the sanction order dated 16.01.2024 issued by the Transport Department and communicated to the Office of the Accountant

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Page No.# 7/7

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General (A&E), Assam in respect of a financial sanction of Rs. 50 crores for payment of past liabilities of the employees of the ASTC.

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Learned counsel for the ASTC submits that in view of the financial sanction having been granted and communicated to the office of the ASTC, the payments will now be released. It is expected that the dues of the petitioners will be released by 31^st March 2024. The amount will be disbursed to the petitioners proportionately as per their claims. Learned counsel for the petitioner submits that since the sanction has been issued, the claims of the writ petitioners should be released accordingly.

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Recording such submissions and keeping the communication dated 16.01.2024 in the case record, whereby the financial sanction is granted by the department, the writ petition along with the connected contempt petitions stands closed with the above observations.

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JUDGE

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Comparing Assistant

Anisul Haque @ Anisul Haque v. Anand Prakash Tiwari

Case brief

What is this about?

What did the court decide?

Anisul Haque @ Anisul Haque v. Anand Prakash Tiwari

Case brief

What is this about?

What did the court decide?

What the court decided

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