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Page No.# 1/5 vs Dr Ravi Kota And Ors
2025 Latest Caselaw 7079 Gua

Citation : 2025 Latest Caselaw 7079 Gua
Judgement Date : 8 September, 2025

Gauhati High Court

Page No.# 1/5 vs Dr Ravi Kota And Ors on 8 September, 2025

Author: Soumitra Saikia
Bench: Soumitra Saikia
                                                                    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

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