Citation : 2025 Latest Caselaw 7079 Gua
Judgement Date : 8 September, 2025
Page No.# 1/5
GAHC010190832025
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2804/2025
ALL ASSAM GAON PANCHAYAT SECRETARY ASSOCIATION AND ORS
HAVING REGISTERED OFFICE AT HOUSE NO. 3, LANKESWAR CHECK
GATE, P.O. GAUHATI UNIVERSITY, PIN-781014, DIST.- KAMRUP(M), ASSAM
AND REPRESENTED BY ITS GENERAL SECRETARY SRI DIPAK KUMAR
HAZARIKA.
2: DIPAK KUMAR HAZARIKA
R/O- RAJAGAON
WARD NO. 1
P.O. AND P.S. MORIGAON
DIST. MORIGAON
ASSAM
PIN- 782105
VERSUS
DR RAVI KOTA AND ORS
CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GHY-
781006.
2:J. B. EKKA
PRINCIPAL SECRETARY
GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI
PIN- 781006.
3:SMTI. PUSHPANJALI DAS
SECRETARY TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI
PIN- 781006.
Page No.# 2/5
4:SMTI. DEBAJANI CHOUDHURY
JOINT SECRETARY TO THE GOVERNMENT OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GHY
PIN- 781006.
5:JAY SHIVANI
COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GHY-781037.
6:JAYANT NARLIKAR
COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GHY-781006.
7:SMTI. J. KEERTHI
COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
JURIPAR
GUWAHTI
PIN 781037
Advocate for the Petitioner : MR. D CHOUDHURY, MS. P GARGO,MR T CHAKRABORTY
Advocate for the Respondent : MR A CHALIHA, MR. B GOGOI(R-6),MR P NAYAK(R-6),MR. K
KONWAR(R-5),MS. N BORAH(R-5),MR S DUTTA(R-5)
Linked Case : Cont.Cas(C)/279/2024
ALL ASSAM GAON PANCHAYAT SECRETARY ASSOCIATION AND ANR.
HAVING REGISTERED OFFICE AT HOUSE NO. 3
LANKESWAR CHECK GATE
P.O. GAUHATI UNIVERSITY
PIN-781014
DIST.- KAMRUP(M)
ASSAM AND REPRESENTED BY ITS GENERAL SECRETARY SRI DIPAK
KUMAR HAZARIKA.
Page No.# 3/5
2: DIPAK KUMAR HAZARIKA
R/O- RAJAGAON
WARD NO. 1
P.O. AND P.S. MORIGAON
DIST. MORIGAON
ASSAM
PIN- 782105.
VERSUS
RAVI KOTA AND 6 ORS.
CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM
DISPUR
GHY-781006.
2:J. B. EKKA
PRINCIPAL SECRETARY
GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI
PIN- 781006.
3:SMTI. PUSHPANJALI DAS
SECRETARY TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI
PIN- 781006.
4:SMTI. DEBAJANI CHOUDHURY
JOINT SECRETARY TO THE GOVERNMENT OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GHY
PIN- 781006.
5:JAY SHIVANI
COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GHY-781037.
6:JAYANT NARLIKAR
COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GHY-781006.
Page No.# 4/5
7:SMTI. J. KEERTHI
COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
JURIPAR
GUWAHTI
PIN 781037.
------------
Advocate for : MR DIBAKAR CHOUDHURY
Advocate for : MR A CHALIHA(R-6) appearing for RAVI KOTA AND 6 ORS.
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
08.09.2025
Heard Mr. T. Chakraborty, learned counsel for the applicants.
This Interlocutory Application has been filed by the applicant seeking correction in the order dated 13.08.2025 passed in Cont.Cas(C) No.279/2024.
The Cont.Cas(C) No.279/2024 was filed by the petitioner alleging wilful disobedience of the directions contained in the judgment and order dated 11.08.2025 passed in bunch of writ petitions including the writ petition No. 4506 of 2018. These writ petitions came to be disposed of by placing reliance on the order dated 05.08.2023 passed in Writ Appeal No. 133 of 2023 affirming the order dated 05.08.2022 passed in WP(C) No.4397 of 2022. The Co-ordinate Bench held that since the order dated 05.08.2022 passed in WP(C) No. 4397 of 2022 stood affirmed by the Division Bench in Writ Appeal No.133 of 2023, all these writ petitions were required to be allowed, directing the respondents to pass appropriate orders against the entitlement of Gaon Panchayat Secretaries to pension under the Assam Service Pension Rules, 1969 by taking note of their respective date of regularization, it was ordered accordingly and the Writ Page No.# 5/5
Petition No. 4506 of 2018 also stood disposed of along with the other writ petitions in terms of the said order.
While passing the order dated 13.08.2025 in Cont.Cas(C) No. 279/2024 in page No.4 of the said order it was directed as under:
"Under such circumstances, it is now clear that the respondents are required to comply with the directions contained in the order dated 11.08.2023 passed in WP(C) No. 4506/2018 and the other connected writ petitions and to regularize the services of the petitioners w.e.f. 10.06.2023 and not before that."
Upon perusal of the papers and hearing the submissions of the learned counsel for the parties, it is seen that the said paragraph was wrongly recorded and accordingly the same stands corrected.
The petitioners were already regularized w.e.f. 10.06.2023 therefore, the respondents are now required to comply with the directions contained in the order dated 11.08.2023 passed in WP(C) 4506/2018 by taking into consideration the respective date of regularization of the contempt petitioners.
The order dated 13.08.2025, accordingly stands corrected and the order passed today in the Interlocutory Application shall be read together with the order dated 13.08.2025 passed in Cont.Cas(C) No. 279/2024.
The interlocutory application accordingly, stands allowed and disposed of.
JUDGE
Comparing Assistant
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!