Citation : 2026 Latest Caselaw 178 Gua
Judgement Date : 9 January, 2026
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GAHC010130002021
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4481/2021
DEBOBRATA CHOUDHURY
RETIRED HEAD ASSISTANT
OFFICE OF THE DEPUTY INSPECTOR OF SCHOOLS, HAILAKANDIM
C/O SRI NILANJAN BHOWMIK
PELLY SREE LANE, PO C.R AVENUE, SILCHAR, CACHAR, ASSAM, 788005
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY ITS COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, EDUCATION DEPARTMENT (ELE) ASSAM, SACHIVALAYA,
DISPUR, GUWAHATI 06
2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM
KAHILIPARA GUWAHATI 781019
3:DISTRICT ELEMENTARY EDUCATION OFFICER
HAILAKANDI
ASSAM
788151
4:DEPUTY INSPECTOR OF SCHOOLS
HAILAKANDI
ASSAM
788151
5:THE SECRETARY TO THE GOVT. OF ASSAM
PENSION AND PUBLIC GRIEVANCES DEPARTMENT
ASSAM SACHIBALAYA
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DISPUR
GHY- 6.
6:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GHY- 6
ASSAM
Advocate for the Petitioner : MR S NATH, MR G J SHARMA
Advocate for the Respondent : SC, ELEM. EDU, MR B GOGOI,MR G PEGU
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 09.01.2026
Ms. N. Phukan, learned Standing Counsel, Elementary Education Department submits that since there is a G.R Case pending against the petitioner, the final pension could not be given to him and that he is otherwise enjoying provisional pension.
To this submission, the learned counsel for the petitioner, Mr. S. Nath submits that the petitioner has already been acquitted in a criminal case vide Judgment and Order dated 31.07.2025 in G.R Case No.976/2009 and therefore prays for some time to produce the said judgment, since the same is not available today.
In view of above, list the matter on 17.02.2026.
JUDGE
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