Page No.# 1/3 vs M.S. Manivannan
2023 Latest Caselaw 1481 Gua

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GAHC010086712022




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

                        Case No. : Cont.Cas(C)/251/2022

         DIBRUGARH UNIVERSITY PENSIONERS ASSOCIATION AND ANR.
         HAVING ITS REGISTERED OFFICE AT VILLAGE TEKELACHIRING GAON,
         DIBRUGARH UNIVERSITY LINK ROAD, P.O. AND DIST.- DIBRUGARH,
         ASSAM, PIN- 786001, REPRESENTED BY ITS GENERAL SECRETARY, SRI
         CHANDRA KAMAL DAS.

         2: CHANDRA KAMAL DAS
          S/O- LATE BISWA BAHAN DAS
          R/O- SEUJEE PATH
         TEKELA CHIRING GAON
          P.O. AND DIST.- DIBRUGARH
          PIN- 786001

         VERSUS

         M.S. MANIVANNAN, IAS AND ORS.
         COMMISSIONER AND SECRETARY, GOVT. OF ASSAM, HIGHER
         EDUCATION DEPTT., ASSAM SECRETARIAT, BLOCK CM, 3RD FLOOR,
         DISPUR- 781006

         2:DR. JITEN HAZARIKA
          REGISTRAR
          DIBRUGARH UNIVERSITY
          DIBRUGARH
          PIN- 786004.

         3:SRI MANISH THAKUR
          IAS
          COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
          FINANCE DEPARTMENT
         ASSAM SECRETARIAT
          DISPUR-781006
         ASSAM
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Advocate for the Petitioner   : MR. K N CHOUDHURY

Advocate for the Respondent : MR. K GOGOI




                                  BEFORE
                HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

                                          ORDER

11.04.2023 Heard Mr. K N Choudhury, learned Senior counsel assisted by Mr. N Gautam, learned counsel for the petitioners and Mr. K Gogoi, learned Standing counsel, Higher Education Department for the respondent No. 1. Also heard Ms. M Saikia, learned Standing counsel, Dibrugarh University for the respondent No. 2 as well as Mr. A Chaliha, learned Standing counsel, Finance Department for the respondent No. 3.

Matter pertains to non-compliance of the order dated 19.05.2021 passed by the Court in WP(C) No. 2190/2016.

During the deliberation of the matter, Mr. K Gogoi, Standing counsel, Higher Education Department placed before the Court a copy of the communication dated 07.04.2023 of the Director of Higher Education, Assam with a further communication No. eCF No. 246713 dated 07.04.2023 of the State Government in the Higher Education Department, whereby the Higher Education Department have informed that the Finance (Budget) Department vide its letter No. BB1/2023/26 dated 16.03.2023 have informed that an amount of Rs. 9400 Lakhs has been approved in the Annual Budget 2023-2024 under "31 GIA" Salary Component in respect of Dibrugarh University as per the Finance Department's letter No. eCF 244983.

Accordingly, the Director of Higher Education, Assam by its letter No. DHE/Budget/Court Case/Dibrugarh University/193/2021/86 dated 07.04.2023 informed the Registrar of Dibrugarh University, Dibrugarh referring the said State Government letter No. eCF 246713 dated 07.04.2023 for releasing of the pensionery benefits to the eligible retired persons of the Dibrugarh University as per the judgment of this Court dated 19.05.2021, noted above.

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On the next date fixed, the Registrar of Dibrugarh University, Dibrugarh shall apprise the Court regarding the release of pensionery benefits to the eligible retired persons of the Dibrugarh University in terms of the judgment and order dated 19.05.2021 passed in WP(C) No. 2190/2016 as well as the said Budget provision of Rs. 9400 Lakhs.

List on 25.05.2023.

Copy of the communications dated 07.04.2023 of the Director of Higher Education, Assam as well as dated 07.04.2023 of the State Government in the Higher Education Department placed before the Court today, be kept as part of the record.

JUDGE

Comparing Assistant