Dismissed¶47

Harakanta Saikia and 7 Ors. v. the State of Assam and 4 Ors.

Gauhati HC6 Mar 2026WP(C)/1886/2014

Case brief

AI extract

What is this about?

Gauhati High Court WP(C)/1886/2014, decided 07.03.2026 by Justice Arun Dev Choudhury. Writ petition by eight ex-employees of Assam Government Marketing Corporation Ltd. (voluntary retirees) claiming pay-revision arrears (01.01.1996 to 31.05.2001), 90 days' unutilized leave salary and interest, alleging payment of only 150 of 240 days' leave salary under the VRS. Petitioners' counsel had expired; notice served on petitioner No. 7 only; none appeared on call. Dismissed for non-prosecution; no merits decided; no statutes or precedents cited.

What did the court decide?

As none appeared for the petitioners on call, the writ petition stood dismissed for non-prosecution. ¶47

Harakanta Saikia and 7 Ors. Vs the State of Assam and 4 Ors. — Gauhati HC (2026) — LawSathi Research

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GAHC010225242014

2026:GAU-AS:3393

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

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Case No. : WP(C)/1886/2014

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HARAKANTA SAIKIA and 7 ORS

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AGED ABOUT 62 YEARS, S/O LT. MUKTA RAM SAIKIA R/O HOUSEFED COMPLEX, NOTBOMA HATIGAON P.S. HATIGAON, GUWAHATI- 38 IN THE DIST. OF KAMRUP.

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2: MRS. DHANADA HAZARIKA

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AGED ABOUT 63 YRS. W/O SHRI ATUL CH. HAZARIKA SIX MILE JAYA NAGARSAMPRITI PATH BYE LANE NO. 8 P.S. DISPUR GUWAHATI-22.

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3: RAMESH CH. BARMAN

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AGED ABOUT 62 YRS. S/OLT. GAJENDRA BARMAN BELTOLA TINIALI BISHNU RABHA PATH GUWAHATI- 28 P.S. BASISTHA KAMRUP M

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4: SMTI. PRAKRITI DAS

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AGED ABOUT 65 YRS. D/O LT. INDRESWAR HAZARIKA HOUSE NO. 53 KAHILIPARA

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KALYANI NAGAR JANANI PATH

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GUWAHATI- 19 P.S. BHAGADATTAPUR

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5: SMT. ANJANA BARTHAKUR

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AGED ABOUT 55 YRS W/O SHRI ARUP BARTHAKUR HOUSE NO. 14 BYE LANE -5 JATIA DISPUR GUWAHATI-6.

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6: SHRI DULAL ROY AGED ABOUT 60 YRS S/O LT. BRAJAMOHAN ROY R/O JYOTIKUCHI DHOPALIA HOUSE NO. 670

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Page No.# 2/4

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JAYRAM PATH BYE LANE NO. 3 GUWAHATI- 34 P.S. FATASIL AMBARI DIST. KAMRUP M

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7: SHRI GAUTAM DAS

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AGED ABOUT 57 YRS. S/OLT. BIPIN CH. DAS R/O CORNEL SIBA RAM PATH KHARGHULI P.S. LATASIL GUWAHATI-4 IN THE DIST. OF KAMRUP.

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8: SHRI ARUN HAZARIKA

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AGED ABOUT 65 YRS. S/OLT. MINA RAM HAZARIKA R/O TITABOR TATIGAON P.S. TITABOR DIST. JORHAT

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VERSUS

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THE STATE OF ASSAM AND 4 ORS

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HANDLOOM AND TEXTILE DEPARTMENT, ASSAM, GUWAHATI-1.

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM

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PUBLIC ENTERPRISES DEPARTMENT DISPUR GUWAHATI-6.

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3:DIRECTOR

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HANDLOOM and TEXTILE ASSAM GUWAHATI-1.

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4:ASSAM GOVERNMENT MARKETING CORPORATION LTD. AMBARI GUWAHATI-1 REP. BY ITS MANAGING DIRECTOR.

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5:EMPLOYEES PROVIDENT FUND ORGANISATION N.E. REGION BHANGAGARH GUWAHATI-5 IN THE DIST. OF KAMRUP M REP. BY ITS REGIONAL PROVIDENT FUND COMMISSIONER

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Page No.# 3/4

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Advocate for the Petitioner : MR.S CHAKRABARTY, MR.L P SHARMA,MR.R THAKURIA

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Advocate for the Respondent : MR.R HAZARIKA, MR. S SHARMA (R-5),MR R DHAR, SC, HANDLOOM AND TEXTILE DEPTT. (R-1 & 3),GA, ASSAM,MR.D DEY,MR.M R LASKAR,MR.J P DAS,SC, PF

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BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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07.03.2026

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None appears for the petitioner on call. However, Mr. R. Dhar, learned Standing Counsel for the Handloom and Textile Department representing the respondent Nos. 1 and 3, is present.

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Taking note of the fact that the counsel representing the petitioners had in the meantime expired, the Registry was directed to communicate the order dated 16.02.2024 to the petitioners.

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Office notes reflect that such a communication has duly been served upon the petitioner No. 7, though, others could not be served as they were not found at the address.

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The present petition is filed seeking arrears of revision of pay w.e.f. 01.01.1996 to 31.05.2001 and leave salary for unutilized leave for 90 days and the interest thereon.

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It is a pleaded case of the petitioners that they were employees of Assam Government Marketing Corporation Limited and obtained Voluntary Retirement from service under a specific scheme. Their claim is that as per the Voluntary Retirement Scheme, they were allowed to draw unutilized leave salary for maximum 240 days but they have been

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Page No.# 4/4

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paid only 150 days unutilized leave salary and they are entitled for arrears of revised salary as recorded hereinabove.

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Be that as it may, as none appears for the petitioners on call, this writ petition stands dismissed for non prosecution.

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JUDGE

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Comparing Assistant

Harakanta Saikia and 7 Ors. v. the State of Assam and 4 Ors.

Case brief

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Harakanta Saikia and 7 Ors. v. the State of Assam and 4 Ors.

Case brief

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