Gauhati High Court
Page No.# 1/5 vs P.K. Tiwari And Ors on 15 December, 2023
Page No.# 1/5
GAHC010018682015
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/466/2015
MD. HUSSAIN ALI
S/O- LT. BUJRUK ALI, SUB-REGISTRAR RETIRED, R/O VILL.-
NARAYANPUR, P.O. and P.S.- MUKALMUA, DIST.- NALBARI, ASSAM, PIN-
781126.
VERSUS
P.K. TIWARI and ORS
THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM, REVENUE
REGISTRATION AND DISASTER MANAGEMENT DEPTT., DISPUR, GHY- 6.
2:RAVI KOTA
THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GHY- 6.
3:M U AHMED
THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM
PENSION and PUBLIC GRIEVANCE DEPTT.
DISPUR
GHY- 6.
4:DEEPAK KUMAR SHARMA
THE INSPECTOR GENERAL OF REGISTRATION
GOVT. OF ASSAM
RUPNAGARH
GHY- 32.
5:DEEPAK NARAIN
THE PRINCIPAL ACCOUNTANT GENERAL A and E
ASSAM SECTION
Page No.# 2/5
GE- 10
BELTOLA
GHY- 29.
6:GYANENDRA DEV TRIPATHI
THE PRINCIPAL SECRETARY
GOVERNMENT OF ASSAM
DEPARTMENT OF REVENUE (REGISTRATION) AND DISASTER
MANAGEMENT
DISPUR
GUWAHATI-781006.
7:JAYANT NARLIKAR
THE COMMISSIONER AND SECRETARY
GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-781006.
8:MONITA BORGOHAIN
THE SECRETARY
GOVERNMENT OF ASSAM
PENSION AND PUBLIC GRIEVANCE DEPARTMENT
DISPUR
GUWAHATI-78006.
9:SHANTANU P GOTMARE
THE INSPECTOR GENERAL OF REGISTRATION
GOVERNMENT OF ASSAM
RUPNAGAR
GUWAHATI-781032.
10:K.S. GOPINATH NARAYAN
THE ACCOUNTANT GENERAL (A AND E) ASSAM SECTION
GE-10
BELTOLA
GUWAHATI-781029
Advocate for the Petitioner : MR.R ISLAM
Advocate for the Respondent : MS.S KHANIKARR
Page No.# 3/5
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
15.12.2023
1. None appears for the petitioner on call. However, Mr. R. Borpujari,
learned counsel appearing for the respondent No. 6. Also heard Mr. P.
Nayak, learned counsel appearing on behalf of the respondent No. 7 and
Mr. D. Nath, learned counsel for the respondent No. 8.
2. This contempt petition is filed alleging wilful violation of Judgment and
Order dated 22.09.2014 passed in WP(C) No. 3551/2013.
3. By the aforesaid order, a direction was issued to the State respondents
to count the period of service rendered by the petitioner as Sub-Registrar
on commission basis prior to his regularization as Sub-Registrar on
25.04.2008 while computing his pensionable service and thereafter, to grant
all consequential benefits.
4. The respondent State preferred an appeal against the judgment and
order dated 22.09.2014, which was registered as Writ Appeal No. 73/2019.
5. The record of the proceeding reveals that the earlier incumbents i.e.
Principal Secretary to the Government of Assam, General Administrative
Department and Secretariat Administrative Department took a stand that
already a Writ Appeal was pending and therefore, the order dated
22.09.2014 could not be complied with. However, there is nothing on
record to show that order dated 22.09.2014 was stayed by the Hon'ble
Page No.# 4/5
Division Bench.
6. Be that as it may, the aforesaid Writ Appeal preferred by the State was
dismissed by the Hon'ble Division Bench by its Judgment and Order dated
12.05.2023, whereby at paragraph 21, the Hon'ble Division Bench took a
view that the learned Single Judge was absolutely justified in holding that
the services rendered by the respondent for almost 24 years as Sub-
Registrar on commission basis w.e.f. 28.04.1984 are required to be
accounted for the purpose of computing his pensionable service and all
consequential terminal benefits.
7. After the said judgment was passed, the learned counsel for the
respondents took time on 17.11.2023 to file an affidavit within the course
of that week and accordingly, 10 days time was granted to file their
affidavit. However, when the matter was listed today, after almost a month,
a similar prayer is repeated by Mr. R. Borpujari, learned counsel
representing the respondent No. 6.
8. This Court is not inclined to grant such time taking note of the fact that
this matter pertains to non compliance of the judgment and order dated
22.09.2014 passed in WP(C)/3551/2013 by the learned Single Judge, more
particularly, when the same relates to calculation of pension and grant
thereof.
9. At this stage, Mr. Borpujari, learned counsel on instruction submits that
the employer/department is processing the matter for calculation of the
pension of the petitioner.
10. This Court is of the view that when the State's Writ Appeal was dismissed
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by Judgment and Order dated 12.05.2023, no further time can be granted
to the respondent on the basis of a vague statement that the matter is
under process.
11. During deliberation, when this Court opined that the respondent No. 6
namely, Gyanendra Dev Tripathi, IAS shall personally appear before this
Court and apprise what is the status of the process of compliance of
Judgment and Order dated 22.09.2014 passed in WP(C) No. 3551/2013
and within what time, he can complete the process at the employer's end,
Mr. Borpujari, learned counsel submits that he will try to obtain the
aforesaid instruction positively by Monday i.e on 18.12.2023. In view of
such submission, an option is given to Mr. Tripathi, IAS that if he can
forward such proposal in concrete form through his counsel, he may not
personally appear before this Court. Otherwise, he shall remain personally
present before this Court at 10:15 AM on 20.12.2023 to apprise the reason
of non compliance.
12. List this matter on 20.12.2023.
JUDGE
Comparing Assistant
