All Assam Gaon Panchayat Secretary Association and Ors. Vs Dr Ravi Kota and Ors.

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GAHC010190832025

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

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Case No. : I.A.(Civil)/2804/2025

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ALL ASSAM GAON PANCHAYAT SECRETARY ASSOCIATION AND ORS HAVING REGISTERED OFFICE AT HOUSE NO. 3, LANKESWAR CHECK GATE, P.O. GAUHATI UNIVERSITY, PIN-781014, DIST.- KAMRUP(M), ASSAM AND REPRESENTED BY ITS GENERAL SECRETARY SRI DIPAK KUMAR HAZARIKA.

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2: DIPAK KUMAR HAZARIKA R/O- RAJAGAON WARD NO. 1 P.O. AND P.S. MORIGAON DIST. MORIGAON ASSAM PIN- 782105

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VERSUS

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DR RAVI KOTA AND ORS

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CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GHY781006.

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2:J. B. EKKA PRINCIPAL SECRETARY GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI PIN- 781006.

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3:SMTI. PUSHPANJALI DAS SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI PIN- 781006.

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4:SMTI. DEBAJANI CHOUDHURY JOINT SECRETARY TO THE GOVERNMENT OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GHY PIN- 781006. 5:JAY SHIVANI COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GHY-781037. 6:JAYANT NARLIKAR COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GHY-781006. 7:SMTI. J. KEERTHI COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT JURIPAR GUWAHTI PIN 781037

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Advocate for the Petitioner : MR. D CHOUDHURY, MS. P GARGO,MR T CHAKRABORTY

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Advocate for the Respondent : MR A CHALIHA, MR. B GOGOI(R-6),MR P NAYAK(R-6),MR. K KONWAR(R-5),MS. N BORAH(R-5),MR S DUTTA(R-5)

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Linked Case : Cont.Cas(C)/279/2024

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ALL ASSAM GAON PANCHAYAT SECRETARY ASSOCIATION AND ANR. HAVING REGISTERED OFFICE AT HOUSE NO. 3 LANKESWAR CHECK GATE P.O. GAUHATI UNIVERSITY PIN-781014 DIST.- KAMRUP(M) ASSAM AND REPRESENTED BY ITS GENERAL SECRETARY SRI DIPAK KUMAR HAZARIKA.

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2: DIPAK KUMAR HAZARIKA R/O- RAJAGAON WARD NO. 1 P.O. AND P.S. MORIGAON DIST. MORIGAON ASSAM PIN- 782105. VERSUS RAVI KOTA AND 6 ORS. CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM DISPUR GHY-781006. 2:J. B. EKKA PRINCIPAL SECRETARY GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI PIN- 781006. 3:SMTI. PUSHPANJALI DAS SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI PIN- 781006. 4:SMTI. DEBAJANI CHOUDHURY JOINT SECRETARY TO THE GOVERNMENT OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GHY PIN- 781006. 5:JAY SHIVANI COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GHY-781037. 6:JAYANT NARLIKAR COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GHY-781006.

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7:SMTI. J. KEERTHI COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT JURIPAR GUWAHTI PIN 781037.

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-----------Advocate for : MR DIBAKAR CHOUDHURY Advocate for : MR A CHALIHA(R-6) appearing for RAVI KOTA AND 6 ORS.

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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08.09.2025

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Heard Mr. T. Chakraborty, learned counsel for the applicants.

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This Interlocutory Application has been filed by the applicant seeking correction in the order dated 13.08.2025 passed in Cont.Cas(C) No.279/2024.

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The Cont.Cas(C) No.279/2024 was filed by the petitioner alleging wilful disobedience of the directions contained in the judgment and order dated 11.08.2023 passed in bunch of writ petitions including the writ petition No. 4506 of 2018. These writ petitions came to be disposed of by placing reliance on the order dated 05.08.2023 passed in Writ Appeal No. 133 of 2023 affirming the order dated 05.08.2022 passed in WP(C) No.4397 of 2022. The Co-ordinate Bench held that since the order dated 05.08.2022 passed in WP(C) No. 4397 of 2022 stood affirmed by the Division Bench in Writ Appeal No.133 of 2023, all these writ petitions were required to be allowed, directing the respondents to pass appropriate orders against the entitlement of Gaon Panchayat Secretaries to pension under the Assam Service Pension Rules, 1969 by taking note of their respective date of regularization, it was ordered accordingly and the Writ

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Petition No. 4506 of 2018 also stood disposed of along with the other writ petitions in terms of the said order.

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While passing the order dated 13.08.2025 in Cont.Cas(C) No. 279/2024 in page No.4 of the said order it was directed as under:

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“Under such circumstances, it is now clear that the respondents are required to comply with the directions contained in the order dated 11.08.2023 passed in WP(C) No. 4506/2018 and the other connected writ petitions and to regularize the services of the petitioners w.e.f. 10.06.2023 and not before that.”

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Upon perusal of the papers and hearing the submissions of the learned counsel for the parties, it is seen that the said paragraph was wrongly recorded and accordingly the same stands corrected.

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The petitioners were already regularized w.e.f. 10.06.2003 therefore, the respondents are now required to comply with the directions contained in the order dated 11.08.2023 passed in WP(C) 4506/2018 by taking into consideration the respective date of regularization of the contempt petitioners.

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The order dated 13.08.2025, accordingly stands corrected and the order passed today in the Interlocutory Application shall be read together with the order dated 13.08.2025 passed in Cont.Cas(C) No. 279/2024.

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The interlocutory application accordingly, stands allowed and disposed of.

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All Assam Gaon Panchayat Secretary Association and Ors. v. Dr Ravi Kota and Ors.

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All Assam Gaon Panchayat Secretary Association and Ors. v. Dr Ravi Kota and Ors.

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