Disposed¶36

Bhabendra Nath Choudhury v. Preetom Saikia and 4 Ors.

Gauhati HC15 Feb 2026Cont.Cas(C)/119/2020

Case brief

AI extract

What is this about?

Contempt petition closed on compliance; Gauhati High Court; Judge Arun Dev Choudhury; Cont.Cas(C)/119/2020; compliance of order dated 19.08.2019 in WP(C) No. 857/2017; pension fixation on Scale of Pay Rs. 8195/- p.m. and DCRG; speaking order dated 09.02.2023 of Secretary, Assam School Education Department; qualifying service 23 years 09 months 08 days against requisite 25 years; proportionate pension Rs. 7,710/- P.M. instead of 50% pension; liberty to assail speaking order; respondents included Director of Secondary Education, Inspector of Schools Kamrup, Director of Pension, Finance Department Secretary.

What did the court decide?

None; contempt petition closed on finding compliance, with liberty reserved to the petitioner to assail the speaking order dated 09.02.2023, if so advised ¶36

Bhabendra Nath Choudhury Vs Preetom Saikia and 4 Ors. — Contempt of Court | Gauhati HC (2026)

What the court decided

AI extract

Outcome

None; contempt petition closed on finding compliance, with liberty reserved to the petitioner to assail the speaking order dated 09.02.2023, if so advised

¶36

Issue for consideration

Whether the order dated 19.08.2019 passed in WP(C) No. 857/2017, directing the respondents to examine the petitioner's claim for pension based on the Scale of Pay of Rs. 8195/- per month and corresponding DCRG, has been complied with by the respondents.

¶34

Court's answer

The order dated 19.08.2019 passed in WP(C) No. 857/2017 has been complied with by the respondents, the petitioner's case having been considered in the speaking order dated 09.02.2023 and proportionate pension granted.

¶34

Ratio / Principle

Since the order of 19.08.2019 has been complied with, the present contempt petition stands closed.

¶36

Key takeaways

The petitioner shall be at liberty to assail the speaking order dated 09.02.2023 passed by the Secretary to the Government of Assam, Department of School Education, if so advised.obiter¶37

Detailed headnote1 paragraphs

Gauhati High Court (Arun Dev Choudhury, J.), order dated 16.02.2026 in Cont.Cas(C)/119/2020: Bhabendra Nath Choudhury v. Preetom Saikia and 4 Ors. The contempt petition challenged alleged non-compliance of the order dated 19.08.2019 passed in WP(C) No. 857/2017, whereby the respondents were directed to examine the petitioner's claim for pension based on Scale of Pay of Rs. 8195/- per month and corresponding DCRG. Respondents' counsel produced a speaking order dated 09.02.2023 of the Secretary to the Government of Assam, Department of School Education, recording that the petitioner had rendered qualifying service of only 23 years 09 months 08 days — short of the minimum requisite 25 years for 50% of pension of last Basic Pay of Rs. 8195/- P.M. — and had therefore been granted proportionate pension of Rs. 7,710/- P.M. Holding that the order dated 19.08.2019 had been complied with, the Court closed the contempt petition, furnished and kept the speaking order on record, and left the petitioner at liberty to assail the speaking order dated 09.02.2023, if so advised.

Page No.# 1/3

GAHC010038672020

2026:GAU-AS:2227

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

¶5

Case No. : Cont.Cas(C)/119/2020

¶6

BHABENDRA NATH CHOUDHURY

¶7

S/O LT. JITENDRA NATH CHOUDHURY, R/O VILL. SINGIRA, P.O. HINGULEE, P.S. KAMALPUR, DIST. KAMRUP, ASSAM

¶8

VERSUS

¶9

PREETOM SAIKIA AND 4 ORS. COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION SECONDARY DEPTT., DISPUR, GHY.-06.

¶10

2:PHANINDRA JIDUNG

¶11

THE DIRECTOR OF SECONDARY EDUCATION

¶12

ASSAM KAHILIPARA GHY.-19.

¶13

3:PRASANTA BORA

¶14

THE INSPECTOR OF SCHOOLS

¶15

KAMRUP DIST. CIRCLE AMINGAON(DADARA) GHY.-31.

¶16

4:PRITHWISH KUMAR CHAKI

¶17

THE DIRECTOR OF PENSION

¶18

ASSAM HOUSEFED COMPLEX LAST GATE DISPUR GHY.-06.

¶19

Page No.# 2/3

¶20

5:UDAYAN HAZARIKA

¶21

SECRTARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR

¶22

GUWAHATI-781006

¶23

Advocate for the Petitioner : MR. R M CHOUDHURY,

¶24

Advocate for the Respondent : MR. P N GOSWAMI, MR. D SAIKIA,MR S M T CHISTIE (R1),MR. D SAIKIA (R-1),MR. R MAZUMDAR

¶25

BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

¶26

ORDER

¶27

16.02.2026

¶28

Heard Mr. R. M. Choudhury, learned counsel for the petitioner. Also heard Mr. S. M. T. Chistie, learned counsel appearing on behalf of the respondent Nos. 1, 2 and 3.

¶29

By order dated 19.08.2019 passed in WP(C) No. 857/2017, the respondents were directed to examine the claim of the petitioner to grant him pension based on Scale of Pay of Rs. 8195/- per month and corresponding DCRG amount. Accordingly, payment has been made to the petitioner based on the examination.

¶30

Mr. Chistie, learned counsel for the respondents has produced a speaking order dated 09.02.2023 passed by the Secretary to the Government of Assam, Department of School Education, in compliance of the order dated 19.08.2019 (supra).

¶31

Perused the said order, which goes to show that case of the petitioner was considered and it was found that the petitioner had rendered qualifying service of 23 years 09 months, 08 days only and he had not completed the

¶32

Page No.# 3/3

¶33

minimum requisite qualifying service of 25 years to get 50% of pension of last Basic Pay @ Rs. 8195/- P.M. and so he had been granted proportionate pension @ Rs. 7,710/- P.M.

¶34

In view of the aforesaid, this Court is of the opinion of the that the order dated 19.08.2019 passed in WP(C) No. 857/2017, has been complied with.

¶35

Accordingly, the present contempt petition stands closed.

¶36

It is needless to say that the petitioner shall be at liberty to assail such speaking order dated 09.02.2023 passed by the Secretary to the Government of Assam, Department of School Education, if so advise.

¶37

A copy of order dated 09.02.2023 has been furnished to the learned counsel for the petitioner.

¶38

A copy of the order dated 09.02.2023 passed by the Secretary to the Government of Assam, Department of School Education is kept on record.

¶39

JUDGE

¶40

Comparing Assistant

Bhabendra Nath Choudhury v. Preetom Saikia and 4 Ors.

Case brief

What is this about?

What did the court decide?

Bhabendra Nath Choudhury v. Preetom Saikia and 4 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

Similar cases

Rehana Akter Choudhury @ Rahena Aktar Choudhury Vs Bhaskar Jyoti Sarma and Anr.

Shankar Roy Vs Gyanendra Dev Tripathi, IAS

Dipankar Kalita Vs M. S. Manivannan

Jagadish Bhuyan Vs Dr. Ravi Kota

Entaz Ali Mollah Vs Suranjana Senapati

Madhab Thakuria Vs Anamika Tamuli

Anil Naiding Vs Smti. Anamika Tamuli

Sunil Bargohain @ Sunil Borgohain Vs Anamika Tamuli

Dr Manoj Saha Vs the State of Assam and 4 Ors.

Sri Nipul Chandra Das Vs Punjab National Bank and Anr.

Gitika Bhattacharjya and 12 Ors. Vs Union of India and 7 Ors.

Smt. Dibya Lata Hazarika Vs Smti Suranjana Senapati, Acs

R C Agansimani (Ramnath Chintaman a) Vs Dr Ajay Kumar, IAS and 2 Ors.

Ukil Uddin Mondal and Ors. Vs Johirul Islam and 16 Ors.