Mukul Bhagabati Vs Narayan Konwar and 4 Ors. — Contempt of Court | Gauhati HC (2026)

Mukul Bhagabati Vs Narayan Konwar and 4 Ors. — Contempt of Court | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Prayer accepted: the contempt petition stands closed as the order dated 31.03.2023 in WP(C) No. 6403/2021 was found to be complied with; liberty reserved to the petitioner to approach the Court by appropriate application if the further processing mandated is not carried out; copy of the order dated 17.01.2026 kept on record and marked 'X' for identification.

Issue for consideration

Whether the respondents have complied with the directions in Para No. 118(i) of the judgment & order dated 31.03.2023 in WP(C) No. 6403/2021 (Purnima Hore & Anr v. The State of Assam & Ors), so as to warrant closure of the contempt petition.

Court's answer

The Court found the order dated 31.03.2023 in WP(C) No. 6403/2021 (Purnima Hore & Anr v. The State of Assam & Ors) to have been complied with, compliance having been effected by the respondents' order dated 17.01.2026 extending the benefits of the Old Pension Scheme (OPS) to the petitioner, and accepted the prayer to close the contempt petition.

Ratio / Principle

Liberty is reserved to the petitioner(s) to approach this Court by way of filing an appropriate application in the event the further processing in the matter, as mandated, is not taken forward by the respondent authorities.

Detailed headnote1 paragraphs

Gauhati High Court (N. Unni Krishnan Nair, J.), by order dated 11.03.2026 in Cont.Cas(C)/140/2024 (Mukul Bhagabati v. Narayan Konwar & Ors), disposed of a contempt petition alleging non-compliance with the directions in Para No. 118(i) of the judgment & order dated 31.03.2023 in WP(C) No. 6403/2021 (Purnima Hore & Anr v. The State of Assam & Ors) and other analogous matters. Counsel for respondent nos. 1, 2 & 4 submitted that, in compliance therewith, the respondents had issued an order dated 17.01.2026 extending the benefits of the Old Pension Scheme (OPS) to the petitioner, and that the further process now mandated would be taken by the concerned authorities. The petitioner's counsel thereupon sought closure of the petition with liberty to approach the Court if the further processing was not carried out. Finding the earlier order complied with, the Court accepted the prayer, closed the petition, reserved liberty to the petitioner to move again by an appropriate application in default of further processing, and kept the order dated 17.01.2026 on record marked 'X' for identification.

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GAHC010043762024

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

Case No. : Cont.Cas(C)/140/2024

MUKUL BHAGABATI SON OF SRI NAREN BHAGABATI, VILLAGE- MAHIBAHA, P.O.- MAKHIBAHA, DISTRICT- NALBARI, ASSAM, PIN- 781374.

VERSUS

NARAYAN KONWAR AND 4 ORS TH SECRETARY TO THE GOVT OF ASSAM, DEPARTMENT OF ELEMENTARY EDUCATION, DISPUR-06.

2:SURANJANA SENAPATI

THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM

KAHILIPARA GUWAHATI-29.

3:BIKASH DAS THE DIRECTOR OF PENSION ASSAM

HOUSEFED COMPLEX

DISPUR GUWAHATI-6.

4:SIMANTA DEKA AES

THE DISTRICT ELEMENTARY EDUCATION OFFICER/ DEPUTY INSPECTOR

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OF SCHOOLS NALBARI DIST.- NALBARI ASSAM PIN- 781335.

5:MR. JAYANT NARLIKAR IAS THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GHY-06

Advocate for the Petitioner : MR. K R PATGIRI, MR G SARMA,MS K BARMAN,MS CHITRALEKHA DAS

Advocate for the Respondent : MR B DEURI(R-3), MR S M T CHISTIE (R-4),MR A CHALIHA(R5),R M BAROOAH(R-5),MR P NAYAK(R-5),MR. B GOGOI (R-5),MR S M T CHISTIE(R-2),MR B KAUSHIK (R-2),MR. D SAIKIA(R-2)

BEFORE

HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 11.03.2026

Heard Mr. K R Patgiri, learned counsel for the petitioner. Also heard Mr. S M T Chistie, learned counsel appearing for the respondent nos. 1, 2 & 4 and Mr. A Chaliha, learned counsel appearing for the respondent no. 5.

Mr. S M T Chistie, learned counsel appearing for the respondent nos. 1, 2 & 4, on instructions, has submitted that the in compliance with the directions passed by this Court, vide judgment & order dated 31.03.2023 in WP(C) No. 6403/2021 ( Purnima Hore & Anr v. The State of Assam & Ors ) and other analogous matters, more particularly the directions passed in Para No. 118 (i), thereof, the respondents have issued an order dated 17.01.2026 in compliance, thereof, extending the benefits of the Old Pension Scheme (OPS) to the petitioner. It is submitted that the further

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process, as would now be mandated to be done, would be so taken in the matter by the concerned authorities.

In view of the above, Mr. K R Patgiri, learned counsel for the petitioner submits that in view of the order dated 17.01.2026, the present contempt petition be closed, however, liberty be granted to the petitioner to approach this Court in the event the further processing requisite in the matter is not so carried out by the respondent authorities.

Prayer accepted.

The order dated 31.03.2023 in WP(C) No. 6403/2021 ( Purnima Hore & Anr v. The State of Assam & Ors ) being found to be complied with, liberty is reserved to the petitioners to approach this Court by way of filing an appropriate application, in the event, further processing in the matter as mandated, is not taken forward.

A copy of the order dated 17.01.2026, as furnished by Mr. S M T Chistie, learned counsel, is kept on record and marked as ‘X’ for the purpose of identification.

JUDGE

Comparing Assistant