Gs-173517H Sri C Chandra Kumar, J.E. (Civil) v. Dr Ajay Kumar and 5 Ors

ORDER Date : 08.05.2024 Heard Mr. I.H. Saikia, learned counsel for the petitioner.

¶2Mr. R.K.D. Choudhury, learned counsel appearing for the respondents has produced a copy of written instruction dated 07.05.2024, issued by the Assistant Adm. Officer, Officer-in-Charge, Regional Legal Cell (Eastern Sector), C/o. HQ 99 APO stating that the order of this Court dated 18.02.2020, passed in WP(C) No. 1537/2015 has been complied with by crediting a sum of Rs. 86,462/- in favour of the petitioner. A copy o the pay-slip for the month of March, 2023 is attached thereto.

¶3It is further stated therein that the petitioner has been removed from Page No.# 3/3 service w.e.f. 10.08.2023 under Rule 11(viii) of CCS (CC&A) Rules, 1965 due to willfully overstaying leave w.e.f. 22.11.2021.

¶4The learned counsel for the petitioner has submitted that the calculation done is incorrect and he is entitled to a higher amount of arrear salary. In the said context, the Court is of the considered opinion that if the calculation is incorrect, the petitioner has to challenge the same. However, the respondents have released all the pay and emoluments receivable by the petitioner.

¶5Notwithstanding the delay in implementing the order of the Court, as the order of the Court has been complied with, the Court has no reason to pursue this contempt petition.

¶6Accordingly, this contempt petition stands closed, however, with liberty to the petitioner to assail the calculation of pay and emoluments due to him and/or to pursue his remedy in accordance with law.

¶7Instruction produced by the learned counsel for the respondents along with photocopy of the pay-slip for the month of March, 2023 is kept as a part of record.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010150322020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCont.Cas(C)/504/2020o GS-173517HoSRIoCoCHANDRAoKUMAR,oJ.E.o(CIVIL)o S/OoLT.oC.oCHEILATHURAI,o1444oBCC(GREF)o(PRESENTLYoDEPLOYEDoATo95o RCC(GREF)oASoI/CoDETToPT.o141oUNDERo478oRMPI(GREF),oC/Oo56oAPO,oPINo 930095)oC/Oo99oAPO,oPIN-931444 VERSUSo DRoAJAYoKUMARoANDo5oORS.o THEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoDEFENCE,oSENAo BHAWAN,oNEWoDELHI,oPIN-110001 2:DR.oAJAYoBHUSANoPRASHADoPANDEY oTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA oMINISTRYoOFoFINANCE oDEPARTMENToOFoEXPENDITURE oNORTHoBLOCK oNEWoDELHI-110001 3:DR.oCoCHANDRAMOULI oTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA oDEPARTMENToOFoPERSONNELoANDoTRAINING oNORTHoBLOCK oNEWoDELHI-110001 4:LT.oGENERALoHARPALoSINGH oTHEoDIRECTORoGENERAL oBORDERoROADSoORGANISATIONo(BRO) oSEEMAoSADAKoBHAWAN oRINGoROAD oDELHIoCANTT. oNEWoDELHI-110001 Page No.# 2/3 5:SATISH SINGH JOINT SECRETARY BORDER ROADS DEVELOPMENT BOARD B WING 4TH FLOOR SENA BHAWAN DHQ PO NEW DELHI-1100011 6:SMT. DEVIKA RAGHUVASHI THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (BORDER ROADS) SEEMA SADAK BHAWAN RING ROAD DELHI CANTT. NEW DELHI-110001 Advocate for the Petitioner : MR. I H SAIKIA Advocate for the Respondent : MR. R K D CHOUDHURY BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA