The Assam Power Generation Corporation ... vs Chiranjib Bhattacharjee
2025 Latest Caselaw 7757 Gua

Gauhati High Court

The Assam Power Generation Corporation ... vs Chiranjib Bhattacharjee on 13 October, 2025

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GAHC010276902024




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

                                   Case No. : WA/165/2025

            1.THE ASSAM POWER GENERATION CORPORATION LTD AND 2 ORS
            REPRESENTED BY ITS CHAIRMAN HAVING ITS REGISTERED OFFICE AT
            1ST FLOOR, BIJULEE BHAWAN, PALTANBAZAR, GUWAHATI-781001.

            2: THE MANAGING DIRECTOR
            ASSAM POWER GENERATION CORPORATION LIMITED,
             BIJULEE BHAWAN PALTANBAZAR GUWAHATI-781001

            3: THE GENERAL MANAGER (HR)
            ASSAM POWER GENERATION CORPORATION LTD
             BIJULEE BHAWAN GUWAHATI-

            VERSUS

            CHIRANJIB BHATTACHARJEE
            SON OF CHAKRADHAR BHATTACHARJEE, RESIDENT OF E-5, PURBASA
            APARTMENT, ULUBARI, P.O.- ULUBARI, GUWAHATI, DISTRICT- KAMRUP
            (M), PIN-781007.

For the Appellant(s)    : Mr. H.K. Das, Advocate.
                        : Mr. N.K. Sarma, Advocate.
For the Respondent(s)   : ..............................

-B E F O R E -

HON'BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY

13.10.2025 (Ashutosh Kumar, CJ)

The Assam Power General Corporation Ltd. (APGCL)/appellants have challenged the order dated 03.05.2024, passed by a learned Single Judge of this Page No.# 2/2

Court in WP(C) 2246/2024, directing that the petitioner's (respondent herein) entitlement as a pensioner under different Heads as per Rule 4 of the ROP Rules of 2017 would be assessed and if the petitioner/respondent herein is found to be entitled for any enhanced amount, the same shall be paid expeditiously and within an outer limit of two months from the date of passing of the order.

It was also directed by the learned Single Judge that in terms of the order passed by the Division Bench of this Court in WA No. 107/2023, the petitioner/respondent herein would, before receipt of the enhanced amount, if any, be required to submit an undertaking that in case the issue is finally resolved in favour of the respondents/appellants herein, he shall refund the excess amount.

Mr. Das, learned counsel for the appellants has pointed out that the order impugned was passed on the basis of an interim order passed in WA No. 107/2023 and other connected writ appeals and the said writ appeals have been allowed by the Division Bench of this Court vide judgment and order dated 05.08.2024, extinguishing the claim of such employees who are similarly situated to the respondent herein in this appeal.

Let notice be issued to the sole respondent, on steps being taken by the appellants within a period of one week from today, by both modes, i.e. by registered post with A/D as well as by usual process, returnable on 27.10.2025.

In the meantime, the effect and operation of the impugned order shall remain stayed.

                       JUDGE                        CHIEF JUSTICE

Comparing Assistant