Gauhati High Court
Habib Ali Barbhuiya vs Shantanu P Gotmare on 28 July, 2025
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/3
GAHC010158032025
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2269/2025
HABIB ALI BARBHUIYA
S/O LATE IMRAN ALI BARBHUIYA, RESIDENT OF VILLAGE MOHANPUR
GRANT, P.O. MOHANPUR, P S ALGAPUR, DIST HAILAKANDI, ASSAM
VERSUS
SHANTANU P GOTMARE
COMMISSIONER AND SECRETARY, GOVERNMENT OF ASSAM, PENSION
AND PUBLIC GRIEVANCES DEPARTMENT, DISPUR, GUWAHATI, ASSAM
781006
Advocate for the Petitioner : MR. A M S MAZUMDER, A W BARBHUIYA
Advocate for the Respondent : ,
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
28.07.2025
Heard Mr. A.M.S. Mazumder, learned counsel for the applicant. Also heard
Mr. S. Dutta, learned counsel for the opposite party no.2 and Mr. D. Nath,
learned Senior Government Advocate for the opposite party no.5.
This Interlocutory Application has been filed seeking impleadment of
Page No.# 2/3
opposite party namely Sri Shantanu P. Gotmare, IAS, as a party respondent in
the accompanying Contempt Case No. 695/2022. The contempt petition has
been filed alleging willful disobedience of the directions contained in the
Judgment and Order dated 05.04.2022 passed in WP(C)/1777/2015. During the
pendency of the contempt proceedings, the opposite party has been appointed
as the Principal Secretary, Government of Assam, Pension & Public Grievance
Department. The earlier incumbent, who was arrayed as respondent no. 1, has
since demitted her office. Accordingly, the learned counsel for the applicant
submits that the present opposite party, being a necessary and proper party, is
required to be impleaded in the contempt proceedings, as the directions
contained in the aforementioned Judgment and Order dated 05.04.2022 have
remained not complied with till date.
Having heard the learned counsel for the applicant and considering the
prayer made in the application, and taking note of the submission that the
opposite party has assumed the office of Principal Secretary, Government of
Assam, Pension & Public Grievance Department, Dispur, Guwahati, which has
now been renomenclatured as Commissioner and Secretary, Government of
Assam, Department of Pension and Public Grievance, this Court is of the view
that the presence of the said officer is necessary for the effective adjudication of
the contempt proceedings.
The Court is of the view that the opposite party is a necessary party to the
present proceedings, inasmuch as the directions contained in the Judgment and
Order dated 05.04.2022 passed in WP(C)/1777/2015 required the respondents
to issue a declaration in terms of the proviso to Rule 31 of the Central Civil
Services (Pension) Rules, 1961, so as to reckon the service of the petitioner
from 11.08.1987 to 31.08.2001 for the purpose of qualifying for proportionate
Page No.# 3/3
pension. Since the said direction has not been complied with till date, the
contempt petition has been filed. It is, however, noted that the further direction
not to recover the amount of ₹48,069/- from the petitioner has been complied
with. Accordingly, the opposite party, namely Sri Shantanu P. Gotmare, IAS, is
impleaded as party respondent no. 9 in Contempt Case No. 695/2022. The
Interlocutory Application stand allowed and is accordingly disposed of.
The applicant shall file an amended cause title within one week from today.
JUDGE
Comparing Assistant
