Manohar Deka vs The State Of Assam And 3 Ors
2025 Latest Caselaw 8051 Gua

Gauhati High Court

Manohar Deka vs The State Of Assam And 3 Ors on 27 October, 2025

Author: Soumitra Saikia

Bench: Soumitra Saikia

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GAHC010220662025




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

                                 Case No. : WP(C)/5785/2025

            MANOHAR DEKA
            R/O- BHAGADUTTA PATH, MOTHER TERESA ROAD, GEETANAGAR, P.S.
            GEETANAGAR, GUWAHATI-21, DIST. KAMRUP METRO, ASSAM



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
            ASSAM, FINANCE DEPARTMENT, DISPUR, GUWAHATI-6.

            2:THE SECRETARY TO THE GOVERNMENT OF ASSAM
             FINANCE (ESTT-B)
             DEPARTMENT
             DISPUR
             GUWAHATI-6.

            3:THE SECRETARY TO THE GOVERNMENT OF ASSAM
             SOCIAL WELFARE DEPARTMENT
             DISPUR
             GUWAHATI-6.

            4:THE ACCOUNTANT GENERAL (A AND E)
            ASSAM
             MAIDAMGAON
             BELTOLA
             GUWAHATI-29

Advocate for the Petitioner   : MR. N BORAH, S K LAHAN

Advocate for the Respondent : GA, ASSAM, SC, FINANCE,SC, AG
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                                BEFORE
                 HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                    ORDER

27.10.2025

Heard Mr. N. Borah, learned counsel for the petitioner. Also heard Mr. P. Nayak, learned Addl. Advocate General for the Finance Department and Mr. C. Baruah, learned Standing Counsel, Accountant General.

The petitioner had earlier approached this Court praying for direction for release of his pension. This Court by judgment and order dated 06.03.2025 passed in WP(C) No. 409 of 2023 disposed of the writ petition directing the respondents to conclude the departmental proceedings within four months i.e. 120 days from the date of receipt of the certified copy of that order and in the event of it's failure to conclude the departmental proceeding directed the respondents to finalise the pension of the petitioner within a period of four weeks thereafter and release all outstanding dues.

Since that direction was not complied with the petitioner filed a contempt petition being Cont.Cas(C) No.463/2025. Meanwhile in connection with the departmental proceedings against the petitioner the respondents have called upon the petitioner for inspection of documents and to file written statement. Being aggrieved the present writ petition has been filed assailing the said communication issued by the Department as the same is in violation of the directions in the order dated 06.03.2025 passed in WP(C) No.409/2023.

Considering the issues involved and the submissions made by the learned counsel for the parties, let this writ petition be listed along with Cont.Cas(C) No.463/2025.

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Meanwhile the learned counsel for the petitioner will ensure service of extra copies on the learned counsel for the respondents.

List accordingly.

JUDGE

Comparing Assistant