Baharul Islam and 35 Ors. Vs the State of Assam and Ors. — Gauhati HC (2026) — LawSathi Research

Baharul Islam and 35 Ors. Vs the State of Assam and Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 907 days in filing the connected Writ Appeal condoned; Registry directed to register the connected Writ Appeal and list it on 27.02.2026 if there is no defect in filing the same.

Issue for consideration

Whether the delay of 907 days in preferring the connected Writ Appeal against the judgment and order (oral) dated 04.05.2023 of the learned Single Judge in WP(C) No. 8311/2022 should be condoned.

Court's answer

In the backdrop of the order dated 26.07.2024 passed in WA No. 237/2023 giving liberty to the appellants to approach the Court by filing a fresh appeal, the applicants have sufficiently explained the reason for the delay.

Ratio / Principle

The delay occasioned in preferring the connected Writ Appeal was neither deliberate nor actuated by negligence but resulted from bona fide circumstances beyond the control of the applicants/appellants; in the absence of gross latches (sic) or mala fide intention attributable to the applicants, the Court would lean in favour of the adjudication on merits.

Key takeaways

The explanation furnished inspires confidence, and no prejudice is demonstrated to have been caused to the respondents by the delay.ratio¶¶85
Having satisfied that the causes shown are sufficient, the Court deemed it appropriate to condone the delay of 907 days in preferring the connected Writ Appeal.ratio¶¶86

Detailed headnote1 paragraphs

Gauhati High Court (Division Bench: Honourable the Chief Justice Mr. Ashutosh Kumar and Honourable Mr. Justice Arun Dev Choudhury, author) — Order dated 05-01-2026 in I.A.(Civil)/4166/2025 filed by Baharul Islam and 35 others: Condonation of a delay of 907 days in filing a writ appeal against the judgment and order (oral) dated 04.05.2023 of the learned Single Judge in WP(C) No. 8311/2022, whereby the applicants' claim for a direction to the State respondents to grant them pension as per the Assam Services (Pension) Rules, 1969 had been refused. The applicants' earlier writ appeal, WA No. 237/2023, had been disposed of by the Coordinate Bench's order dated 26.07.2024 awaiting the State Government's decision — following a meeting between the Hon'ble Chief Minister of Assam and the Assam Karmachari Parishad on 15.03.2024 on extending the Old Pension Scheme to employees who joined after January 2005 but whose recruitment process was started before January 2005, in line with the Central Government's Office Memorandum — with liberty to file fresh writ appeals if no favourable decision followed. Holding that, in view of that liberty, the applicants had sufficiently explained the delay; that the delay was neither deliberate nor actuated by negligence but resulted from bona fide circumstances beyond their control; and that no prejudice was demonstrated to the respondents, the Court condoned the delay of 907 days and directed the Registry to register the connected Writ Appeal and list it on 27.02.2026, if there is no defect in filing.

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GAHC010282882025

2026:GAU-AS:37-

DB

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

Case No. : I.A.(Civil)/4166/2025

BAHARUL ISLAM AND 35 ORS

S/O LATE ABDUL MANNAN, R/O VILL. JARAMARI, P.O. BALISATRA, P.S. DHING, DIST. NAGAON (ASSAM), PIN 782122

2: ABDUL KUDDUS ANSARI S/O-LATE SADAR ALI R/O-HAIDUBI P.O- BATAMARI P.S- BATADRAVA DIST-NAGAON ASSAM PIN-782122.

3: MAHAMMAD ALI S/O-LATE AIN UDDIN VILL AND P.O- SONARIGAON P.S- DHING DIST- NAGAON ASSAM.

4: KAMAL MONI BORAH S/O BHABENDRA NATH BORAH VILL. KURUAAI P.O. JAMUGURI DIST. NAGAON ASSAM.

5: SAFIQUL ISLAM S/O ISMAT ALI R/O VILL. SALMARABORI PO. BECHAMARI P.S. DHING DIST. NAGAON.

6: BAPI KR CHAND S/O ANIL KR. CHANDRA R/O SONAJURI P.O. ANJOKPANI

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DIST. NAGAON ASSAM PIN 782136

7: MD. MUSHARAF HUSSAIN S/O LATE ABDUL HAYE R/O PARMAIBHETI P.O. DAGAON P.S. JURIA DIST. NAGAON ASSAM PIN 782124

8: FAIZUR RAHMAN S/O LATE ABDUL HAKIM P/O. BECHAMARI P.S. DHING DIST. NAGAON ASSAM PIN 782123

9: PARBIN SULTANA D/O LATE ABDUS SUBHAN R/O PARMAIBHETI P.O. DAGON P.S. JURIA DIST. NAGAON ASSAM PIN 782123

10: HAFIZA KHATUN W/O MOJIBUR RAHMAN R/O VILL. GERAKANI BECHAMARI P.O. BECHAMARI P.S. DHING DIST. NAGAON ASSAM PIN 782122

11: FARIDA YASMIN W/O ABDUL MOTIN R/O GERAKANI P.O. BECAHAMARI P.S. DHING DIST. NAGAON ASSAM PIN 782123

12: RUHUL AMIN S/O AHMED ALI R/O GORIABORI PATHER P.O. AND P.S. MOLIRABORI DIST. MORIGAON ASSAM PIN 78216

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13: RABIA KHANAM D/O ABDUL MOTIN KHAN R/O TINISUKIA P.O. TINISUKIA P.S. JURIA DIST. NAGAON ASSAM PIN 782136 14: ABDUL BATIN S/O ABDUL MUTALIB R/O PARMALBHETI P.O. DAGAON P.S. JURIA DIST. NAGAON ASSAM PIN 782124 15: SAFIQUL HOQUE S/O MOMINUL HAQUE R/O DHINGAON P.O. DAGAON P.S. JURIA DIST. NAGAON ASSAM PIN 782122 16: HABIBUR RAHMAN S/O MUSLEM UDDIN AHMED R/O ULUBARI P.O. DOLOIGAON DIST. MORIGAON ASSAM PIN 782126

17: SAMIR UDDIN AHMED

S/O ABDUL AZIZ R/O VILL. DURABHANDHI GAON P.O. LACHANNABORI P.S .MOIRABARI DIST. MORIGAON ASSAM PIN 782126 18: AINUL HOQUE S/O SAMAD ALI P.O. LUCHANABORI

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P.S. MOIRABARI DIST. MORIGAON ASSAM PIN 782136

19: ABDUL MATIN S/O LATE RAHIM BOX R/O SAHARIA PM P.O. SAHARIA GAON P.S. MOIRABARI P.S. JURIA DIST. MORIGAON ASSAM PIN 782126

20: SAIFUL ISLAM

S/O LATE ABDUL KHALEQUE R/O SONARIGAON P.O. SONARIGAON P.S. DHING DIST. NAGAON ASSAM PIN 782123

21: MABIA BEGUM

C/O LATE MAIDUR ISLAM R/O SONARIGAON P.O. SONARIGAON DIST. NAGAON ASSAM PIN 782123

22: SHALEHA KHATUN

W/O FIRDUS AHMED R/O TATIKATA P.O. MOIRABARI P.S. MOIRABARI DIST. MORIGAON ASSAM PIN 782126 23: MAHIUDDIN SARKAR S/O LATE ABDUL KHALEK

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R/O VILL. JARAMARI P.O. BALISATRA DIST. NAGAON ASSAM PIN 782122

24: SAIFUDDIN BHUYAN

S/O LATE SAFIR UDDIN BHUYAN R/O DHAKAI BOSTI P.O. DHUPAGURI P.S. DHING DIST. NAGAON ASSAM PIN 782123

25: KHURSHED ALAM

S/O ABUL HUSSAIN R/O HATIMURUIA P.O. MOIRABARI P.S. MOIRABARI DIST .MORIGAON ASSAM PIN 782126

26: RAFIQUL ISLAM KHAN

S/O LATE IDRISH ALI KHAN R/O MADHUPUR P.O. MADHUPUR DIST. NAGAON ASSAM PIN 782003

27: MUSFIA BEGUM

W/O RAFIQUL ISLAM KHAN R/O MADHUPUR P.O. MADHUPUR DIST. NAGAON ASSAM PIN 782003 28: MD. KHAIRUL ISLAM S/O ALIM UDDIN VILL. AND P.O. GAYAN GAON P.S. DHING

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DIST. NAGAON ASSAM PIN 782123

29: CHARU SAIKIA C/O HEMA SAIKAI R/O N.C.B. ROAD P.O. DHING P.S. DHING DIST. NAGAON ASSAM PIN 782123

30: NILIMA BORA

C/O MIKIRHAT HATIRGAON P.O. SINGIA P.S. SAMAGURI DIST. NAGAON ASSAM PIN 782123 31: BORNALI BORAH W/O GUNAMONI SAIKIA R/O HATBOR P.O. HATBOR DIST. NAGAON ASSAM PIN 782136

32: BEGUM AYESHA SIDDIKA

W/O AMINUL HOQUE R/O MOIRABARI P.O. MOIRABARI P.S. MOIRABARI DIST. NAGAON ASSAM PIN 782136

33: JUSHNARA BEGUM W/O ABDUL MOTIN R/O TATIKATA PATHAR P.O. MOIRABARI P.S. MOIRABARI DIT. MORIGAON

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ASSAM PIN 782136

34: SAFIUL ISLAM

S/O SHAMU SEIKH R/O DAKHIN KALADUBA P.O. JENGONI P.S. JURIA DIST. NAGAON ASSAM PIN 782122

35: MUSSABBIR HUSSAIN

S/O JAINAL ABEDIN R/O GOROIMARI P.O. DAGAON P.S. JURIA DIST. NAGAON ASSAM PIN 782124 36: JAMAL UDDIN S/O WAHED ALI R/O DHING GAON P.O. DAGAON P.S. JURIA DIST. NAGAON ASSAM PIN 78212

VERSUS

THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, EDUCATION ELEMENTARY DEPTT., DISPUR, GUWAHATI 6

2:THE COMMISSIONER AD SECY. GOVT. OF ASSAM FINANCE DEPTT. DISPUR 06 3:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19

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4:THE DIST. ELEMENTARY EDUCATION OFFICER NAGAON DIST. NAGAON ASSAM.

5:THE INSPECTOR OF SCHOOL NAGAON DIST. NAGAON ASSAM

Advocate for the Petitioner : MR B P BORAH, MR. A KHANDAKAR,MISS. J GOGOI,MR P J DUTTA

Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE DEPTT.

BEFORE

HONOURABLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

ORDER

05-01-2026

(Arun Dev Choudhury,J)

1. Heard Mr. P. K. Goswami, learned Senior counsel, who is present through remote video conference for the applicants and Mr. R. Borpujari, learned Standing counsel, Finance Department, Assam, for the opposite parties/respondents.

2 . The present Interlocutory Application has been filed by the applicants/appellants seeking condonation of the delay of 907 days in preferring an appeal against the judgment and order (oral) dated 04.05.2023 passed by the learned Single Judge in WP(C) No. 8311/2022.

3 . By the impugned judgment and order (oral) dated 04.05.2023, the learned Single Judge refused to grant relief to the applicants to issue a direction to the

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State respondents to grant them pension as per the Assam Services (Pension) Rules, 1969.

4. The applicants earlier challenged the said order in WA No. 237/2023. During the course of arguments of the said writ appeal, it was informed to the learned Co-ordinate Bench that in a meeting took place between the Hon’ble Chief Minister of Assam with the Assam Karmachari Parishad held on 15.03.2024, it was decided that the Government of Assam will consider extending the benefit of Old Pension Scheme to those employees, who joined the government services after January, 2005 but the recruitment process of the concerned post was started before January, 2005, in line with the Office Memorandum issued by the Central Government.

5. As the applicants claimed that though they joined the government service after January 2005, the recruitment process was started before January 2005 and was pending with the concerned Administrative Department, the learned Coordinate Bench, under its order dated 26.07.2024, disposed of the earlier writ appeal awaiting decision of the State Government on the issue. However, in the said order, it was made clear that if the applicants failed to get any favourable decision from the State Government, they are free to approach this Court by filing fresh writ appeals.

6 . Now, the connected writ appeal is filed on an alleged backdrop that the State Government has taken no favourable decision as yet.

7 . As an abundant caution, the present application is filed for condonation of the delay of 907 days, which is spent from the date of the order dated 26.07.2024 passed in WA No. 237/2023, till the filing of the connected appeal.

8 . We are of the considered opinion that in the backdrop of the order dated 26.07.2024 passed in WA No. 237/2023 giving liberty to the appellants to

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approach this Court by filing a fresh appeal, the applicants have sufficiently explained the reason for the delay.

9 . Thus, having considered the explanations tendered by the applicants, this Court is satisfied that the delay occasioned in preferring the connected Writ Appeal was neither deliberate nor actuated by negligence but resulted from bona fide circumstances beyond the control of the applicants/appellants. In the absence of gross latches or mala fide intention attributable to the applicants, this Court would lean in favour of the adjudication on merits.

10 . In the given facts of the present case, the explanation furnished inspires confidence, and no prejudice is demonstrated to have been caused to the respondents by such delay.

11 . Accordingly, in the interest of justice and having satisfied that the causes shown are sufficient to condone the delay of 907 days, we deem it appropriate to condone the delay. Ordered accordingly.

12 . Registry to register the connected Writ Appeal and list the same on 27.02.2026 , if there is no defect in filing the same.

JUDGE CHIEF JUSTICE

Comparing Assistant