Disposed¶25

Hareswar Basumatary v. the State of Assam and 3 Ors.

Gauhati HC9 Feb 2025I.A.(Civil)/2898/2024

Case brief

AI extract

What is this about?

Provisional pension release direction; interlocutory application disposed of on consent; letter dated 06.02.2025 of Director of Elementary Education, Assam seeking provisional pension proposal; one-month compliance timeline from receipt of certified copy; Gauhati High Court; Hareswar Basumatary v. State of Assam; elementary education department pensionary benefits; respondent No. 4 Accountant General (A&E); no statutes or precedents cited.

What did the court decide?

Direction to the respondent authorities to release the provisional pension of the applicant within one month from the date of receipt of certified copy of the order. ¶25

Hareswar Basumatary Vs the State of Assam and 3 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the respondent authorities to release the provisional pension of the applicant within one month from the date of receipt of certified copy of the order.

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Issue for consideration

Whether the interlocutory application should be disposed of by directing the respondent authorities to release the provisional pension of the applicant, and within what period.

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Ratio / Principle

Taking note of the submissions of learned advocates of both sides, the letter dated 06.02.2025, and as agreed upon, the Court disposed of the interlocutory application by directing the respondent authorities to release the provisional pension of the applicant within one month from the date of receipt of certified copy of the order.

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Key takeaways

The copy of the letter dated 06.02.2025 produced before the Court shall form part of the record.ratio¶20
A copy of the letter dated 06.02.2025 and a copy of the order were directed to be furnished to Mr. Bhattacharya, learned Standing Counsel for respondent No. 4; the applicant's counsel was also to furnish copies of the interlocutory application and connected writ petition to him during the course of the day.ratio¶24

Detailed headnote1 paragraphs

Gauhati High Court (Robin Phukan, J.), order dated 10.02.2025 in I.A.(Civil)/2898/2024, an interlocutory application in a connected writ petition by Hareswar Basumatary against the State of Assam and 3 others (including the Director of Elementary Education, Assam and the Accountant General, A&E). On the Standing Counsel producing a letter dated 06.02.2025 from the Director of Elementary Education, Assam to the Secretary, Department of School Education, seeking sending of a provisional pension proposal in respect of the applicant, and on counsel agreeing, the Court disposed of the interlocutory application directing the respondent authorities to release the provisional pension of the applicant within one month from receipt of certified copy of the order. The letter was directed to be kept as part of the record and copies thereof, along with the order and the application/writ petition, to be furnished to the Standing Counsel for respondent No. 4.

Page No.# 1/3

GAHC010188672024

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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)/2898/2024

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HARESWAR BASUMATARY S/O- LATE PURNESWAR BASUMATARY, R/O- VILLAGE- RANGAJAN, P.O- SONAPUR, GAHPUR, SONITPUR, ASSAM, PIN-784168

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VERSUS

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THE STATE OF ASSAM AND 3 ORS REP. BY THE SECRETARY, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI-06

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2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHEMAJI ASSAM 4:THE ACCOUNTANT GENERAL (A AND E) ASSAM BELTOLA GUWAHAT

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Advocate for the Petitioner : MR. S K GHOSH, MS F AHMED

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Advocate for the Respondent : SC, ELEM. EDU,

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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Date : 10.02.2025

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Heard Mr. S.K. Ghosh, learned counsel for the applicant. Also heard Ms. S. Chutia, learned Standing counsel for the respondent Nos. 1, 2 and 3 and Mr. D. Bhattacharya, learned Standing counsel for the respondent No. 4.

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Mr. Ghosh, learned counsel for the applicant submits that today Ms. Chutia, learned Standing counsel for the respondent Nos. 1, 2 and 3 has produced a letter dated 06.02.2025, from the Director of Elementary Education, Assam to the Secretary to the Government of Assam, Department of School Education, asking the Secretary for sending provisional pension proposal in respect of Sri Hareswar Basumatary/the applicant herein and that on the basis of the aforementioned letter, this interlocutory application may be disposed of by directing the respondent authorities to release the provisional pension of the petitioner within a period of one month from today.

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Ms. Chutia, learned Standing counsel for the respondent Nos. 1, 2 and 3 also submits with the above direction, this interlocutory application may be disposed of.

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Accordingly, taking note of the submissions of learned Advocates of both sides and also the letter dated 06.02.2025, and as agreed upon, this Court is inclined to disposed of this interlocutory application by directing the respondent authorities to release the provisional pension of the applicant within a period of one month from the date of receipt of certified copy of this order.

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The copy of the letter dated 06.02.2025, produced before this Court shall

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Page No.# 3/3

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be part of the record.

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Mr. Ghosh, learned counsel for the applicant shall furnish a copy of the interlocutory application as well as the connected writ petition to Mr. Bhattacharya, learned Standing counsel for the respondent No. 4, during the course of the day.

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A copy of the letter dated 06.02.2025 and a copy of this order also be furnished to Mr. Bhattacharya, learned Standing counsel for the respondent No. 4.

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In terms of above, this interlocutory application stands disposed of.

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JUDGE

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Comparing Assistant

Hareswar Basumatary v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Hareswar Basumatary v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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