Gs-173517H C Chandra Kumar v. Giridhar Aramane and 5 Ors

O R D E R

10.01.2024

(L.S. Jamir, C.J(Acting)

Heard Mr. I.H. Saikia, learned counsel for the petitioner. Also heard Mr. R.K.D. Choudhury, learned counsel for the respondent No. 4. Page No.# 3/4 Respondent No. 4 has filed affidavit wherein at paragraph 4, it is stated that:- "4. That with reference to the direction issued vide Judgment dated 18.02.2020 delivered in WP(C) No. 1537/2015, the deponent begs to submit that in the facts and circumstances as stated above, the petitioner has already been granted revised pay scaled of Rs. 5000-8000/- with arrears w.e.f. 01.01.1996 in terms of recommendation of 5th CPC and the corresponding arrears of recommendation of 5th CPC and the corresponding arrears of benefit w.e.f. 01.01.2006 in terms of recommendation made by the 6th CPC to the post of Superintendent Grade-II and nothing is outstanding for payment on the part of respondents/contemnors." Mr. I.H. Saikia, learned counsel for the petitioner submits that the respondents are yet to pay the subsequent pay hike after completion of 5 years of service and 15 years of service till date. On consideration of the submission made by the learned counsel for the petitioners, we are of the opinion that the same constitutes a fresh cause of action and accordingly the petitioner is given liberty to approach the appropriate forum agitating his legal right. After considering the affidavit filed by the respondent No. 4, we are of the considered opinion that substantial compliance has been made by the respondents to the direction passed by this Court and accordingly, contempt petition is closed with liberty to the petitioner to approach the appropriate forum, if any further grievances subsists.

JUDGE CHIEF JUSTICE (ACTING) Page No.# 4/4 Comparing Assistant

PageoNo.#o1/4 GAHC010049622023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCont.Cas(C)/156/2023o GS-173517HoCoCHANDRAoKUMARo JEo(CIVIL),o S/O-oLT.oCoCHEILATHURAI,o 1444oBCCo(GREF),oC/O-o99oAPO,o PIN-931444o (PRESENTLYoDEPLOYEDoATo95oRCCo(GREF),o JAISALMER,oRAJASTHAN,oC/O-o56oAPO,oPIN-930095 VERSUSo GIRIDHARoARAMANEoANDo5oORSo MINISTRYoOFoDEFENCEo,oSENAoBHAWAN,oNEWoDELHI-110001 2:ToVoSOMANATHAN oIAS oTHEoSECY.oTOoTHEoGOVT.oOFoINDIAo MINISTRYoOFoFINANCE oDEPARTMENToOFoEXPENDITURE oNORTHoBLOCK oNEWoDELHI-110001 3:DEEPAKoKHANDEKAR oIAS oTHEoSECY.oTOoTHEoGOVT.oOFoINDIAo MINISTRYoOFoPERSONNELoANDoTRAINING oNORTHoBLOCK oNEWoDELHI-110001 4:LT.oGENERALoRAJEEVoCHOUDHURY oTHEoDIRECTORoGENERAL oBORDERoROADSoORGANISATION oSEEMAoSADAKoBHAWAN Page No.# 2/4 RING ROAD DELHI CANTT. NEW DELHI-110001 5:DR. AJAY KUMAR JOINT SECRETARY BORDER ROADS DEVELOPMENT BOARD B WING 4TH FLOOR SENA BHAWAN DHQ PO NEW DELHI-110001 6:DEVIKA RAGHUVANSHI IDAS THE PRINCIPAL CONTROLLER OF DEFENCE ACOUNTS (PCDA BORDER ROADS) 3RD FLOOR SEEMA SADAK BHAWAN RING ROAD DELHI CANTT. NEW DELHI-11000 Advocate for the Petitioner : MR. I H SAIKIA Advocate for the Respondent : MR. R K D CHOUDHURY BEFORE HONOURABLE THE CHIEF JUSTICE (ACTING) HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI