Rinku Bordoloi and 10 Ors. Vs Mr. Rakesh Kumar, IAS and Anr.

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GAHC010216602024

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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)/530/2024

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RINKU BORDOLOI AND 10 ORS. S/O- LATE DEOKAN BORDOLOI, R/O- VILL. 1 NO. KAKI, 3 NO. GAON, P.O. AND P.S. KAKI, DIST. HOJAI, ASSAM, PIN- 782442.

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2: NABAJYOTI HAZARIKA @ NABA HAZARIKA S/O- NABIN HAZARIKA R/O- VILLAGE- 2 NO. KAKI NARAYANPUR P.O. THAISUPAR P.S. KAKI DIST. HOJAI ASSAM PIN- 782446.

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3: BAHARUL ISLAM S/O- LATE FAHIM UDDIN R/O- VILLAGE KATAHGURI P.O- TUKTUKI P.S- DHING DIST- NAGAON ASSAM PIN-782123.

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4: JAMANUR RAHMAN S/O- ABDUL WAHEB R/O- VILLAGE BATADRAVA BARBHETI P.O- BARBHETI P.S- BATADRAVA DIST- NAGAON ASSAM PIN-782122.

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5: ABDUL MUTALIB S/O- OMAR ALI

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R/O- VILLAGE CHITALMARI PATHER P.O- CHITALMARI BEEL P.S- JURIA DIST- NAGAON ASSAM PIN-782124. 6: NUR JAMAL S/O- GENDHU SHEIKH R/O- VILLAGE SUNSERI P.O- KANDHULIMARI P.S- DHING DIST- NAGAON ASSAM PIN-782123. 7: RUPAN NATH @ RUPAN DEBNATH S/O- LATE LOHIT DEBNATH R/O- VILLAGE BETKATI GAON P.O- CHAMUA GAON P.S- DHING DIST- NAGAON ASSAM PIN-782123 8: PINKI MISHRA TIWARI W/O- OM SHANKAR MISHRA R/O- WARD NO. 5 LANKA TOWN P.O. AND P.S. LANKA DIST. HOJAI ASSAM PIN- 782446. 9: MUSTAK AHMED S/O- GIYASUDDIN AHMED R/O- VILL.- NIZ CHALCAHLI PO. CHALCHALI P.S. SAMAGURI DIST. NAGAON ASSAM PIN- 782141.

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10: PANKAJ KALITA S/O- TANKA KALITA R/O- VILL.- BORHAMPUR BEJOR GAON P.O. AND P.S. BORHAMPUR DIST. NAGAON ASSAM

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PIN- 782102.

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11: NARAYAN SARMAH S/O- BHUSHAN SARMAH R/O- VILL.- NONOI MIKIRPAR URIAGAON P.O AND P.S. NONOI DIST. NAGAON ASSAM PIN- 782101 VERSUS

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MR. RAKESH KUMAR, IAS and Anr. THE MANAGING DIRECTOR CUM CHAIRMAN, THE ASSAM POWER DISTRIBUTION COMPANY LIMITED (APDCL), BIJULEE BHAVAN, PALTANBAZAR, GUWAHATI-781001.

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2:SRI CHIRANJIB ADHIKARI THE CHIEF GENERAL MANAGER (HRA) APDCL BIJULEE BHAWAN GUWAHATI-781001

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Advocate for the Petitioner : MR. S C BISWAS, MS. K L R YANTHAN,MR. F A HASSAN,MR. H A TALUKDAR,MS. U NANDA

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Advocate for the Respondent : MR. P N GOSWAMI (R1), MR BHARGAV DAS (R1),MR. K P PATHAK (R1),MR B CHOUDHURY (R1)

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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08.12.2025

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By order dated 15.02.2024 passed in WP(C) No.6365/2023 and a connected writ petitions, the matters were disposed of with the following directions:

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“8. Recording the submission made by the learned Standing Counsel for the APDCL, both the writ petitions are disposed of directing petitioners to submit their documents for verification before the concerned APDCL Authorities within a period of 1 (one) month from today. Thereafter, the authorities in APDCL shall consider the case of the petitioner in terms of the Office order dated 02.12.2023 and also for direct payment to the petitioners within a period of 2 (two) month from the dateof receipt of the documents from the petitioner.”

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As the order dated 15.02.2024 passed in WP(C) No.6365/2023 not being complied with, this contempt petition has been filed. During the pendency of the Contempt Petition, the respondent Authorities have considered the case of the petitioner and passed the order No.MD/APDCL/HR/OS Court Case/2024-25/PtV/41 dated 15.10.2025, whereby the respondent authorities concluded that they did not find sufficient grounds to consider the petitioner for payment under the enhanced remuneration. The order No.MD/APDCL/HR/OS Court Case/202425/Pt-V/41 dated 15.10.2025 issued by the Chief General Manager (HRA) APDCL, reads as under:

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“ Speaking Order.

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Whereas, a Cont. Case(C) No. 530/2024, has been filed in the matter of an application under Section 12 of the Contempt of Court's Act, 1971 and in the matter of Willful and deliberate violation of common order dated 15.02.2024 passed by the Hon'ble High Court, Guwahati in WP(C) No.-6365/2023 and 5649/2023, by the Petitioners-Rinku Bordoloi and 10 Ors.

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Now therefore, a committee vide Office Order No.- MD/APDCL/HR/OS COURT CASR/ 2024-25/ P1-V/39 dtd 26.09.2025 was constituted, for the purpose of verification of the payment records and other relevant documents of the petitioners. Upon verification of the documents, it was found that, the petitioners, could not produce continuous payment records till October, 2023.

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As such, due to non-fulfillment of the terms and conditions for payment under enhanced remuneration, APDCL did not find sufficient ground to consider the petitioners (Rinku Bordoloi and 10 Ors.) for payment under enhanced remuneration.”

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A Copy of the Order dated 15.10.2025 is available in the case record as has been placed by the respondents.

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Upon perusal of the directions contained in the order dated 15.02.2024 passed in WP(C) No.6365/2023 it is seen that the direction of the Court to the respondents was to consider the case of the writ petitioner and which has been considered and rejected by the order dated 15.10.2025. Therefore, the directions contained in the order dated 15.02.2024 passed in WP(C) No.6365/2023 having been complied with, the Court does not want to proceed in the matter any further with the contempt petition. The Contempt Petition, therefore, stands closed.

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Notices issued stands recalled.

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The petitioner is at liberty to assail the order No.MD/APDCL/HR/OS Court

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Case/2024-25/Pt-V/41 dated 15.10.2025, if so advised.

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JUDGE

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Comparing Assistant

Rinku Bordoloi and 10 Ors. v. Mr. Rakesh Kumar, IAS and Anr.

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