Disposed

Gautam Kr Das v. the State of Assam and 5 Ors.

Gauhati HC13 Aug 2024WP(C)/3914/2024

Case brief

AI extract

What is this about?

Writ petition over computation of the petitioner's date of superannuation. Authorities informed the court that an order of 03.02.2023 accepted the petitioner's superannuation as 31.01.2020 instead of 31.12.2019. Finding no remaining cause of action, the court closed the writ petition.

What did the court decide?

None; writ petition closed as no existing cause of action remained.

Gautam Kr Das Vs the State of Assam and 5 Ors. — Pension and Retirement Benefits | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010148052024

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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)/3914/2024

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GAUTAM KR DAS S/O LATE CHIDANANDA DAS R/O HOUSE O. 45, RIHABARI BILPAR, GUWAHATI-781008, DIST. KAMRUP (METRO), ASSAM

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VERSUS

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THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, INDUSTRIES AND COMMERCE DEPARTMENT, DISPUR, GUWAHATI-06

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM INDUSTRIES AND COMMERCE DEPARTMENT DISPUR GUWAHATI-06.

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3:THE SECRETARY TO THE GOVT. OF ASSAM INDUSTRIES AND COMMERCE DEPARTMENT DISPUR GUWAHATI-06.

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4:THE COMMISSIONER OF INDUSTRIES AND COMMERCE DEPARTMENT ASSAM UDYOG BHAWAN GUWAHATI-21 BAMUNIMAIDAM. 5:THE ADDITIONAL (FP) OFFICE OF THE COMMISSIONER OF INDUSTRIES AND COMMERCE ASSAM UDYOG BHAWAN BAMUNIMAIDAM GUWAHATI-21.

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Page No.# 2/3

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6:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE (ESTT.A) DEPARTMENT DISPUR GUWAHATI-06

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Advocate for the Petitioner : MR. P A AHMED, MR. F A HASSAN,MRS. R BARKATAKY Advocate for the Respondent : SC, INDUSTRIES AND COMMERCE, SC, FINANCE

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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14-08-2024

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Heard Shri P. A. Ahmed, learned counsel for the petitioner. Also heard Shri A. Kalita, learned Standing Counsel, Industries and Commerce Department and Shri R. Borpujari, learned Standing Counsel, Finance Department.

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On the last occasion i.e. 07.08.2024, the following order was passed:-

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“Heard P. A. Ahmed, learned counsel for the petitioner.

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The issue is with regard to computation of the date of superannuation. The petitioner had approached this Court on earlier occasions and in the last occasion in the form of WP(C) No. 1914/2021, an order was passed on 09.01.2023 whereby the relief was granted to the petitioner by setting aside the communications which were the subject matter of challenge. It appears that the present writ petition has been filed on the same cause of action.

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While this Writ Court cannot be made an executing Court, on the peculiar facts and circumstances, the matter is adjourned to enable Shri A. Kalita, learned Standing Counsel Industries and Commerce Department to obtain instructions on the steps taken if any regarding the order mentioned above.

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List for motion on 14.08.2024. To facilitate Shri Kalita, learned Standing Counsel, to have the instructions, let an extra copy of the writ petition be served upon him during the course of the day.

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Shri R. Borpujari, learned Standing Counsel, Finance is present.”

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Shri Kalita, the learned Standing Counsel has submitted that instructions

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have been received as per which, an order was passed on 03.02.2023 accepting

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Page No.# 3/3

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the date of superannuation of the petitioner as 31.01.2020 instead of 31.12.2019.

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In view of the aforesaid development, this Court is of the opinion that there is no existing cause of action to be espoused.

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Writ petition is accordingly closed.

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Copy of the order dated 03.02.2023 is kept with the records.

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JUDGE

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Comparing Assistant

Gautam Kr Das v. the State of Assam and 5 Ors.

Case brief

What is this about?

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Gautam Kr Das v. the State of Assam and 5 Ors.

Case brief

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