Bijit Chakravorty vs The State Of Assam And 3 Ors
2025 Latest Caselaw 1542 Gua

Gauhati High Court

Bijit Chakravorty vs The State Of Assam And 3 Ors on 28 July, 2025

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                      Page No.# 1/4

GAHC010134972023




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

                                 Case No. : WP(C)/3599/2023

            BIJIT CHAKRAVORTY
            S/O- LATE N. N. CHAKRAVORTY, BIDYAPUR NALBARI TOWN, P.S. AND
            DIST. NALBARI, ASSAM


            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            NOTICE THROUGH THE SECRETARY TO THE GOVERNMENT OF ASSAM,
            FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, DISPUR,
            GUWAHATI-6.

            2:THE PRESIDENT

             DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
             NALBARI.

            3:DIRECTOR OF FOOD
             CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPTT.

             GUWAHATI-5
             ASSAM

            4:SECRETARY TO THE GOVERNMENT OF ASSAM
             FINANCE DEPARTMENT
             DISPUR
             GUWAHATI-6

Advocate for the Petitioner   : MR D CHOUDHURY, MRS A K CHOUDHURY,MR M
CHOUDHURY,MR P J DAS

Advocate for the Respondent : GA, ASSAM, SC, FINANCE DEPTT.
                                                                       Page No.# 2/4


                                BEFORE
                 HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                    ORDER

28-07-2025

Heard Mr. D Choudhury, learned counsel for the petitioner. Mr. P. Nayak,

learned Additional Advocate General, Assam and Mr. D. Bora, learned Junior

Government Advocate, Assam.

The writ petitioner is before this Court reiterating his earlier prayer for

seeking a direction from the Court for release of his revised pay for the period

he is entitled to. This issue was settled by the judgment and order dated

08.02.2013 passed in WP(C) No.4383/2004 and which stood confirmed

following the dismissal of the Special Leave Petition filed by the State by order

dated 02.01.2019. In spite of that, the revised pay has not been released to the

writ petitioner. Being aggrieved, he has approached this Court for the second

time on the same issue.

Mr. P. Nayak, learned Additional Advocate General, Assam, on the other

hand, submits that there is another issue to be decided in respect of the

regularization sought for by the petitioner. In this regard by order dated

06.06.2002, the Coordinate Bench of this Court had disposed of CR No.

1675/1997 by directing the respondent authorities to consider the case of the Page No.# 3/4

writ petitioner for regularization and further holding that the petitioner must

undergo the process of selection in view of any post of Peon Grade-IV, which is

required to be filled up in the consumer Forums of the State under which the

writ petitioner is presently serving.

Mr. P. Nayak, learned Additional Advocate General, Assam submits that the

Department is waiting for the opinion of the Advocate General of the State in

view of the direction issued relating to the writ petitioner towards regularization.

He, however, fairly submits that the question of release of revised pay is already

settled by the Apex Court. However, in view of the fact that the opinion of the

Advocate General of the State is still awaited by the respondent department, the

release of the revised pay amount to the petitioner could not be undertaken .

On the pleadings available on record and upon hearing the submissions of

the learned counsel for the parties as well as upon carefully perusal of the order

dated 06.06.2002 passed in CR No. 1675/1997 as well as the judgment and

order dated 08.02.2013 passed in WP(C) No.4383/2004 which has attained

finality upon dismissal of the SLP filed by the State by the order dated

02.01.2019, it appears to the Court that both were two separate issues.

Whereas in CR No.1676/1997 which was disposed of by the Coordinate Bench

on 06.06.2002, the question of regularization of the petitioner was the issue Page No.# 4/4

before the Court, in contrast, in WP(C) no. 4383/2004, which was disposed of

on 08.02.2013, the issue pertained to release of the revised scale of pay to the

petitioner in the post of Peon. Both these issues may be connected to the writ

petitioner but the present writ petition has been filed by the petitioner in view of

the inaction of the respondents in complying with the order dated 08.02.2013

passed in WP(C) No.4383/2004. Under such circumstances, while this Court

permits the respondents to complete their instructions, it is made clear that if

the direction of the Court passed in WP(C) No.4383/2004 by judgment and

order dated 08.02.2013 has attained finality upon dismissal of the SLP filed by

the State the order dated 02.01.2019, the authorities are directed to release the

revised pay of the writ petitioner in compliance of the direction of the Court

passed in WP(C) No.4383/2004 by judgment and order dated 08.02.2013 by the

next date fixed and this Court will take final decision with regard to compliance

of the direction contained in the order dated 08.02.2013 passed in WP(C)

No.4383/2004 by the next date fixed.

Let the matter be listed again on 18.08.2025. Failure to comply with the

directions of this Court may entail consequential orders from this Court.

JUDGE Comparing Assistant