Samoon Isai vs Kamal Basumatary And 2 Ors
2025 Latest Caselaw 1938 Gua

Gauhati High Court

Samoon Isai vs Kamal Basumatary And 2 Ors on 4 August, 2025

                                                          Page No.# 1/9

GAHC010145922025




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

                        Case No. : Cont.Cas(C)/661/2024



         SAMOON ISAI
         S/O. SADAR ISAI
         R/O. DIGBOI
         MULIABARI
         IOC QUARTAR NO. 3054 (A)
         P.O. DIGBOI
         DIST. TINSUKIA
         ASSAM
         PIN-786171.


          VERSUS

         KAMAL BASUMATARY AND 2 ORS.
         THE GENERAL MANAGER (H.R.)
         INDIAN OIL CORPORATION LTD
         (ASSAM OIL DIVISION)
         DIGBOI
         P.O. DIGBOI
         DIST. TINSUKIA
         ASSAM
         PIN- 786171.

         2:AMIT KUMAR BIMAL
         THE CHIEF EMPLOYEE RELATION MANAGER (ER AND S)
          INDIAN OIL CORPORATION LTD
          (ASSAM OIL DIVISION)
          DIGBOI
          DIST.- TINSUKIA
         ASSAM
          PIN- 786171.

          3:SUSANTA KUMAR DAS
                                                                             Page No.# 2/9

            CHIEF GENERAL MANAGER (IOCL)
             INDIAN OIL CORPORATION LTD
            ASSAM OIL DIVISION
             DIGBOI
             DIST.-TINSUKIA
            ASSAM
             PIN- 786171.
             ------------
            Advocate for : MR. B BARUAH
            Advocate for : MR. A SARMA (R-1
            2
            3) appearing for KAMAL BASUMATARY AND 2 ORS.



                                  BEFORE
                  HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                       ORDER

Date : 04.08.2025

Heard Mr. B. Baruah, learned counsel appearing for the petitioner. Also heard Mr. K. Kalita, learned counsel appearing for the contemnor/respondent Nos. 1, 2 and 3.

2. By way of this contempt petition, the petitioner has drawn the attention of this court to the alleged willful deliberate disobedience to the Hon'ble Courts Judgment and Order dated 24.11.2023 passed in WP(C) No.3651/2019 and further disregard of the Judgment and order dated 14.08.2024 passed in W.A. No.176/2024.

3. Apt to reproduce the relevant portions of the judgment and order dated 24.11.2023, which reads as hereunder:

"13] In that view of the matter, the non-implementation of the findings of the Division Bench rendered in order dated 06.06.2018, in so far as the petitioner is concerned, will have to be considered to be a continuing wrong for which the petitioner's claim for regularization cannot be rejected. The case of the writ petition in the facts and circumstances as discussed above will fall within the ambit of the continuing wrong because of which the claims cannot be Page No.# 3/9

rejected on the ground of delay and laches. This principle has been lucidly curved out by the Apex Court in Tarsem Singh (supra). In a recent judgment i.e. Raman Kumar & Ors. vs. Union of India & Ors. 2023, reported in Court Live Law (SC) 520 the Apex Court held that the act of regularizing the services of the 35 employees and not regularizing the service of other employees including the appellants is patently discriminatory and violative of Article 14 of the Constitution of India.

14] Considering all of the above, the writ petition is allowed. The respondents IOCL are directed to forthwith issue necessary orders granting regularization of the service of the writ petitioner in terms of the directions of this Court read with judgment and order dated 06.06.2018 passed in W.A. no.56/2018."

4. Reading the aforesaid paragraphs, it appears that the learned Single Judge has allowed the writ petition and has further directed the respondent IOCL to forthwith issue necessary orders granting regularization of the service of the writ petitioner in terms of the directions of this court read with the judgment and order dated 06.06.2018 passed in W.A. No.56/2018.

5. It appears that against the aforesaid order of the learned Single Judge, an appeal was filed before the Division Bench, which the learned Division Bench of this court by judgment and order dated 14.08.2024 in W.A. No.176/2024 was pleased to uphold the judgment of the learned Single Judge. It further appears that against the said judgment and order of the Division Bench of this court, an SLP was also filed before the Apex Court, however, the same was rejected by order dated 08.07.2025.

6. Today, when the matter has been called, Mr. K. Kalita, learned counsel appearing for the contemnor/respondent Nos. 1, 2 and 3, submitted a letter dated 30.07.2025, with copy to the learned counsel Page No.# 4/9

for the petitioner, a perusal of the same indicates that the respondents in compliance with this court's order dated 24.11.2023 in WP(C) No.3651/2019 have regularized the service of the petitioner w.e.f. 13.05.1997 for the post of Housekeeping Attendant, GR.I in the pay scale of Rs.23000-78000/-. The relevant portion of the said order reads as hereunder:-

"Dear Mr. Isai,

In compliance with Hon'ble Gauhati High Court judgement in WP(C) No. 3651/2019 dated 24.11.2023, your service stands regularised w.e.f. 13.05.1997 for the post of Housekeeping Attendant, GR-I in the pay scale of Rs. 23000-78000/-on the following terms and conditions:

1. Your Basic Pay will be in the scale of Rs. 23000-78000/-.

In addition, you will receive Dearness Allowance and other allowances, if any, according to the rules of the Corporation, in force, as amended from time to time. Annual increments would be subject to the rules of the Corporation.

2. You will be required to work under the supervision of such officers and supervisors as you may be directed from time to time.

3. Your services will be liable to be transferred to any place in India in the service of the Corporation at the discretion of the Management.

4. You will be on probation for a period of six months from the date you join the post, which may be extended depending upon your performance, application, attendance, verification of character and antecedents, caste and bearing at the sole discretion of the Management. If your work is found to be satisfactory during the probation period and verification of your caste (applicable to SC/ST/OBC), character and antecedents are also found satisfactory, you may be confirmed in service. Your services will not be regarded as confirmed until a letter of confirmation is issued by the Management. Your services can, however, be terminated at any time during the probation period without Page No.# 5/9

notice or without assigning any reason whatsoever.

5. The Management may transfer you for work in any Section/Plant/Department/Unit of the Corporation as it may consider necessary at its discretion from time to time without detriment to your emoluments. You may be transferred from one shift to another according to working convenience. You will work in 48 hours per week shifts or as advised by your controlling officer from time to time.

6. You will diligently and faithfully carry out the instructions given to you by your superiors in connection with your work to the best of your skill and ability.

7. You will abide by the rules and regulations of the Corporation which may be in force, as amended from time to time

8. The management reserves the rights to terminate your appointment at its absolute discretion after giving you one month's notice or on payment of one month's wages in lieu thereof. Similarly, you shall be at liberty to resign from the service after giving one month's notice. The power to terminate your service will rest with the Director-in-Charge or Executive Director or General Manager or with such other officer of the Corporation authorized by them or to whom the power on their behalf has been delegated by them, either generally or by a special order.

9. This appointment is subject to your furnishing a good conduct certificate from your previous employer/employees, if any.

10. This appointment is subject to your making a declaration that you are not a partner or relative of any Director of this Corporation within the meaning of Section 314 of the Companies Act. 1956. (A list of Directors of IOCL is available in this office for perusal)

11. You will be required to join the Provident Fund in accordance with the Employees' Provident Funds and Miscellaneous Provisions Act 1952. You will also be required to join the Corporation's

(i) Group Savings-Linked Insurance Scheme

(ii) Superannuation Benefit Fund Scheme Page No.# 6/9

(iii) Any other scheme that may be introduced at any time in future and abide by the terms and conditions of the above schemes, as amended from time to time.

12. As per the existing rules of the Corporation, a person who has entered into or contracted a marriage with a person having a spouse living or who, having a spouse living, has entered into or contracted a marriage with a person, is not eligible for appointment in the service of the Corporation unless exempted by the Director-in-Charge from operation of this rule, based on adequate justification. This offer of appointment is, therefore, subject to giving a declaration in the enclosed proforma.

13. You shall, if required, be liable to serve in the defence service or post connected with the Defence of India for period of not less than 4 years including the period spent on training, if any, provided that:

a) You shall not be required to serve as aforesaid after the expiry of 10 years from the date of appointment.

b) You shall not ordinarily be required to serve as aforesaid after attaining the age of 40/45 years.

14. You shall, if required, be liable for military service in the IOC (Territorial Army) for a period of seven years in the Territorial Army Service and 8 years in the Territorial Army Reserve or for such periods as may be laid down in this behalf from time to time.

15. Family related benefits/facilities like medical, leave travel concession, transfer TA etc. would be regulated so as to conform to the small family norm of only one spouse and two oldest wholly dependent children.

16. Your date of birth is 31.12.1969 and you will be governed by the same for all purposes in the service and no change in the same will be permitted in future. You will superannuate from the services of the Corporation on the afternoon of the last day of the month in which you attain the age of 60 years.

17. The appointment is provisional and is subject to verification of Caste/Tribe through the proper channels and if the verification reveals that the claim to belong to SC/ST/OBC, as the case may be (or not to belong to creamy Page No.# 7/9

layer in respect of OBC candidates), is false, the services would be terminated forthwith without assigning any further reasons and without prejudice to such further action as may be taken under the provisions of the Indian Penal Code for production of false certificate (Applicable to SC/ST/OBC candidates only). Since the creamy layer status of OBC candidates may change after issue of certificate making him/her ineligible for reservation, the OBC candidates shall be required to submit a declaration as per the prescribed format.

18. in case you belong to Scheduled Caste community, you should inform the Management about the change of your religion during the period of service, if any, Immediately after such a change, failing which suitable action/disciplinary proceeding can be taken.

19. The Corporation reserves the right not to accept the resignation of the employee if circumstances so warrant le. if disciplinary proceedings are pending or a decision has been taken by the Competent Authority to issue a charge-sheet to the employee.

20. You shall, on first appointment in the Corporation, and thereafter on regular intervals as may be specified by the Corporation, submit a return of assets and liabilities in such forms as may be prescribed by the Corporation.

21. You will not, at any time during the course of your employment or on leaving the employment of the Corporation either on account of retirement/pre-mature retirement on medical ground/ voluntary retirement/resignation or termination from the service of the Corporation or on leaving the service of the Corporation for any reason whatsoever, divulge the secrets of the Corporation nor make use of or information obtained or acquired by you during the course of your employment/after employment with the Corporation.

22. In case you are currently employed with Government/Semi-Government/Public Sector Undertaking/ autonomous body, and have not submitted "No objection Certificate", you will be required to submit a clear release order from your employer, failing which you will not be allowed to join the Corporation.

23. If the above mentioned terms and conditions are Page No.# 8/9

acceptable to you, you are requested to return the attached acceptance letter duly signed signifying your acceptance of the terms and conditions of your appointment along with the declaration referred in Clause 11 above, before date of joining the above post. You are also advised to fill up the three copies of the Attestation Forms enclosed with this letter and submit these copies duly filled in to the office of the undersigned while reporting to us for your joining along with the following documents:

i) All certificates/mark sheets/testimonials in original. One set of attested copy of all certificates/mark sheets/testimonials (including the HSLC Admit Card).

ii) Caste Certificate in original (if applicable) along with three attested copies

iii) Four copies of recent passport size colour photograph and three copies of stamp size colour photograph.

iv) Employment Exchange/Zila Sainik Board Registration Card in original along with an attested copy of the same.

v) Release Certificate and Good Conduct Certificate from your present employer, if any.

24. Your consequential benefits accrued w.e. 13.05. 1997 upto 31.07.2025 is being worked out and will be released within a period of 4 (four) months.

25. Upon separation from the services of the Corporation by way of retirement/resignation, you shall not accept any appointment or post, whether advisory or administrative or otherwise, in any firm or company, Whether Indian or Foreign, with which the Company has or had business relations, within one year from the date of retirement/resignation without prior approval of the Competent Authority The term 'business relations' includes 'Official dealing' as well.

26. In case you are found to have taken leave or absented from duty and taken up second employment in the country or abroad, you shall render yourself liable for dismissal from the date of such leave/ absence.

If our offer of appointment is acceptable to you, please return the duplicate copy of this letter with your signature as a token of your acceptance of what we have stated herein and report to the office of Page No.# 9/9

the GM (HR), Indian Oil Corporation Limited (Assam Oil Division) Digboi with all your original certificates testimonials/mark sheets to join your duty on or before 07.08.2025. failing which this offer of appointment will be treated as cancelled & withdrawn without any further reference to you."

7. In view of the above, it appears that the order of this court has been complied with. That being so, nothing survives for adjudication in the instant contempt proceeding. Accordingly, the contempt petition stands closed.

8. Disposed of.

9. A copy of the said letter dated 30.07.2025 is kept on record and marked as "X".

JUDGE

Comparing Assistant