Page No.# 1/4 vs M. S. Manivannan And 3 Ors
2024 Latest Caselaw 5360 Gua

Gauhati High Court

Page No.# 1/4 vs M. S. Manivannan And 3 Ors on 31 July, 2024

                                                                  Page No.# 1/4

GAHC010080822024




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

                          Case No. : Cont.Cas(C)/209/2024

         GIRIN CHANDRA TALUKDAR AND 4 ORS.
         S/O- LOHIT CHANDRA TALUKDAR, R/O- VILL.- GOSAIKHAT, P.O. SONIADI,
         P.S. HAJO, PIN- 781102, DIST. KAMRUP, ASSAM

         2: JITU SARMA
          S/O- LATE GOBINDA SARMA
          R/O- 247
          HENGRABARI MAIN ROAD
          NEAR SANKAR NAMGHAR
          P.S. DISPUR
          GUWAHATI-781006
          DIST. KAMRUP(M)
         ASSAM

         3: KABIN DAS
          S/O- LATE SIDDHESWAR DAS
          R/O- 10
          OPPOSITE OF GUYNJAN JAYA ENCLAVE
          KAHILIPARA
          UDALBAKRA
          P.S. DISPUR
          GUWAHATI-781019
          DIST. KAMRUP(M)
         ASSAM

         4: UDOY NATH
          S/O- LATE PHUKAN NATH
          R/O- VILL.- BASACHUBA
          P.O. DHEKIAPARA
          P.S. SIPAJHAR
         PIN- 784145
          DIST. DARRANG
         ASSAM

         5: ARCHANA DAS
                                                                           Page No.# 2/4

             D/O- BRAJA RAM DAS
             R/O- ASSAM SECRETARIAT
             NEAR DISPUR LAW COLLEGE
             HARIJAN COLONY
             P.S. DISPUR
             GUWAHATI-781006
             DIST. KAMRUP(M)
             ASSA

            VERSUS

            M. S. MANIVANNAN AND 3 ORS.
            THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM,
            SECRETARIAT ADMINISTRATION (NAZARAT) DEPARTMENT, DISPUR,
            GUWAHATI-781006, ASSAM CUM THE PRINCIPAL SECRETARY TO THE
            GOVT. OF ASSAM, SECRETARIAT ADMINISTRATION DEPARTMENT,
            DISPUR, GHY-781006.

            2:JAYANT NARLIKAR
            THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
             FINANCE (EC-II) DEPARTMENT
             DISPUR
             GUWAHATI-781006
            ASSAM CUM THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
             FINANCE DEPARTMENT
             DISPUR
             GHY-781006
            ASSAM

            3:SMTI. KANTA LAHKAR
            THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM
            FINANCE (ESTT-B) DEPARTMENT
             DISPUR
             GUWAHATI-781006
            ASSAM

            4:RUPKAMAL RABHA
             HE DEPUTY SECRETARY TO THE GOVT. OF ASSAM
            PERSONNEL (B) DEPARTMENT
             DISPUR
             GUWAHATI-781006
            ASSA

Advocate for the Petitioner   : MR A GOHAIN,

Advocate for the Respondent : MR A CHALIHA (r-2,3), MR. B GOGOI (R-1),MR. A PHUKAN(R-
1),MR P NAYAK(R-1),MR. D SAIKIA(R-1),MR D J BORO (R-4),MR. J BARMAN (R-4),MR P
NAYAK (r-2,3),MR. B GOGOI (r-2,3)
                                                                    Page No.# 3/4


                               BEFORE
              HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

                                   ORDER

Date : 31.07.2024

Heard Mr. A. Gohain, learned counsel for the petitioners.

Mr. Arunav Phukan, learned counsel for respondent No. 1, submits that in terms of the directions passed by this Court vide order, dated 18.12.2023, in WP(c)5431/2023; the respondent authorities in the General Administration Department have considered the grievance of the petitioners and rejected the claim of the petitioners, herein, for being authorized the benefits flowing from the decision of this Court rendered in the case of Upen Das & 836 ors. v. State of Assam & ors., in Writ Appeal No. 45/2014, vide judgment & order, dated 08.06.2017.

I have perused the order, dated 31.05.2024, passed by the respondent authorities in this connection and I am satisfied that the same has been so passed in compliance of the directions as passed by this Court in the above-noted writ petition. Accordingly, no willful and deliberate violation by the respondents of the directions passed by this Court vide order, dated 18.12.2023, in WP(c)5431/2023, having been found; further adjudication of the present contempt petition would not be called for and accordingly, the contempt petition stands closed. However, liberty is reserved to the petitioners to present a challenge to the said order, dated 31.05.2024, by way of filing an appropriate application, if so advised.

Page No.# 4/4

The copy of the order, dated 31.05.2024, as produced by Mr. Phukan, learned counsel for respondent No. 1, is kept as a part of the record and marked as 'X' for identification.

Mr. J. K. Goswami, learned counsel, is present on behalf of respondent No. 4.

JUDGE

Comparing Assistant