Disposed¶25

Dulal Chandra Sarma v. Shri Rithwish Kumar Chaki and Ors.

Gauhati HC9 Jun 2025Cont.Cas(C)/538/2020

Case brief

AI extract

What is this about?

Gauhati High Court; Cont.Cas(C)/538/2020; Dulal Chandra Sarma v. Shri Rithwish Kumar Chaki and Ors.; contempt petition closed; substantial compliance with writ order dated 06.12.2018; Speaking Order dated 23.05.2025; objection to denial of arrear benefit; liberty to challenge arrear payment observations; consequential action within two months; Justice Sanjay Kumar Medhi; decided 10.06.2025.

What did the court decide?

Contempt petition closed on substantial compliance with the order dated 06.12.2018; petitioner given liberty to make specific challenge of the observations regarding arrear payment; consequential action in terms of the Speaking Order dated 23.05.2025 to be completed expeditiously, preferably within two months; the Speaking Order made part of the records. ¶25

Dulal Chandra Sarma Vs Shri Rithwish Kumar Chaki and Ors. — Contempt of Court | Gauhati HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 06.12.2018 passed in the concerned writ petition has been complied with, so as to warrant closure of the contempt petition. +1 more

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Court's answer

As the order dated 06.12.2018 passed in the concerned writ petition has been substantially complied with, the present contempt petition is closed.

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Ratio / Principle

The petitioner is given liberty to make specific challenge of the observations regarding the arrear payment.

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Key takeaways

While closing the contempt petition, the Court observed that the consequential action in terms of the order dated 23.05.2025 be completed expeditiously and preferably within a period of 2 (two) months.ratio¶27

Detailed headnote1 paragraphs

Contempt petition (Cont.Cas(C)/538/2020, Dulal Chandra Sarma v. Shri Rithwish Kumar Chaki and Ors.) before the Gauhati High Court (Hon'ble Mr. Justice Sanjay Kumar Medhi), decided 10.06.2025. The respondents' counsel submitted that the order dated 06.12.2018 passed in the concerned writ petition had been substantially complied with and placed on record a Speaking Order dated 23.05.2025. The petitioner objected to the observation in that order that he would not be entitled to any arrear benefit. The Court closed the contempt petition in view of the substantial compliance, granted the petitioner liberty to make a specific challenge to the observations regarding arrear payment, and directed that consequential action in terms of the Speaking Order dated 23.05.2025 be completed expeditiously, preferably within two months. The Speaking Order dated 23.05.2025 was made part of the records.

Page No.# 1/3

GAHC010169522020

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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)/538/2020

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DULAL CHANDRA SARMA

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S/O- LATE JAY CHANDRA SARMA, R/O- NALBARI TOWN, P.O. AND DIST.NALBARI, ASSAM, PIN- 781335.

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VERSUS

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SHRI RITHWISH KUMAR CHAKI AND ORS. DIRECTOR OF PENSION, ASSAM HOUSEFED COMPLEX, DISPUR, GUWAHATI- 781006.

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2:SHRI PREETOM SAIKIA COMMISSIONER TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPARTMENT DISPUR (SECRETARIAT) GUWAHATI- 781006.

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3:SHRI PHANINDRA JIDUNG DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019.

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4:SHRI SUBHASH CHANDRA DAS DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI-781006. 5:DR. BIJAYA CHOUDHURY IAS

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Page No.# 2/3

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SECRETARY TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPARTMENT DISPUR (SECRETARIAT) GUWAHATI-781006. 6:SMTI. MAMATA HOJAI AES DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019. 7:SHRI NARAYAN KONWAR SECRETARY TO THE GOVT OF ASSAM EDUCATION(SECONDARY)DEPARTMENT DISPUR GUWAHATI-78100

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Advocate for the Petitioner : MR. P K DAS, MRS. P P BORAH

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Advocate for the Respondent : MR. P K BORAH, MS N M SARMA(R-6),MR. B DEORI,MR S M T CHISTIE (R-6),MR. R MAZUMDAR

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BEFORE

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HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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10.06.2025

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Shri SMT Chistie, learned counsel for the respondents has submitted that the order in question has been substantially complied with and he has in fact placed before this Court a copy of the Speaking Order dated 23.05.2025.

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Shri P.K. Das, learned counsel for the petitioner who has been served with a copy of the said order has however raised an objection regarding an observation made in the said order that the petitioner will not be entitled to any arrear benefit.

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Shri B. Deuri, learned State counsel for the respondent no.2 is present.

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Be that as it may, as the order dated 06.12.2018 passed in the concerned writ petition has been substantially complied with, the present contempt petition is closed.

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The petitioner is however given liberty to make specific challenge of the observations regarding the arrear payment.

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While closing the contempt petition, this Court observes that the consequential action in terms of the order dated 23.05.2025 be completed expeditiously and preferably within a period of 2 (two) months from today.

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The order dated 23.05.2025 is made part of the records.

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JUDGE

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Comparing Assistant

Dulal Chandra Sarma v. Shri Rithwish Kumar Chaki and Ors.

Case brief

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Dulal Chandra Sarma v. Shri Rithwish Kumar Chaki and Ors.

Case brief

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What the court decided

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