Haya Nampui v. Syedin Abbasi, Ias and 6 Ors

ORDER Date : 29-01-2024 Heard Mr. P.J. Saikia learned counsel for the petitioner. Also heard Mr. D Saikia, learned Advocate General, Assam, Mr. R.M. Das, learned counsel for respondent No.3 and Mr. R.K. Talukdar, learned counsel for the respondent No.4. The present contempt petition is filed alleging willful and deliberate violation of the order dated 28.09.2022 passed in WP(C) No.6462/2022. The operative portion of the order is quoted herein below:

Page No.# 3/4 "Considering the matter in its entirety, we are of the view that as the petitioner had a combined qualifying service of more than 20 years, he is entitled for pension. Accordingly, the respondent No.3 being the Executive Engineer Public Health Engineering, Umrangso Division, Umrangso, in the Dima Hasao district is directed to examine the service records of the petitioner. Upon examination, if he is found otherwise entitled to pension under the law, by accepting the qualifying service as concluded hereinabove, the pension papers in respect of the petitioner be processed and the claim of the petitioner for pension be brought to its logical end and it shall not be rejected for the conclusion arrived hereinabove."

From the aforesaid order it is clear that the examination of the service records of the petitioner was to be carried on by the Executive Engineer, Public Health Engineering, Umrangso Division, Umrangso. In that view of the matter, the respondent Nos.1, 2, 3, 5, 6 and 7 in the considered opinion of this court cannot be brought into contempt in the present proceeding. Accordingly, their names stands deleted from the array of parties at this stage. In view of such determination, the order dated 15.12.2023 is hereby recalled. Mr. R.M. Das learned counsel for the respondent No.3 submits that the respondent No.3 has in the meantime retired, however, the present Executive Engineer, PHE Umrangso Division, Umrangso has passed an order in terms of this Court's order dated 28.09.2022 in WP(C) No.6462/2022. The said office order reflects that though the service of the petitioner was regularized by the Govt. of Assam vide an order dated

07.10.2005 against the present post in PHE Department, but such regularization of services of the petitioner was cancelled by the Page No.# 4/4 Executive Engineer by an office order No.23 of 2011-2012. Such order was issued in pursuance of the Government order No.FEC

(11)61/2005/59-A dtd 10.02.2006. It is further reflected in the order dated 18.01.2024 that in view of such cancellation, though pension proposal was sent to the Accountant General A&E, however, the same has been returned. Accordingly, the petitioner could not be paid the pension. As the claim of the petitioner has been considered and examined, in the considered opinion of this court, the respondents have complied with the order of this court. Accordingly the contempt petition stands closed, however, the petitioner shall be at liberty to assail the order of the Finance Department withdrawing regularization as well as subsequent order No.23 of 2011-2012 issued by the Executive Engineer (PHE) Umrongso Division, Umrongso and order dated 18.01.2024. With the aforesaid observation, the contempt petition stands closed. Mr. R.M. Das, learned counsel shall furnish a copy of the order dated 18.01.2024 and office order No.23 of 2011-2012 to the learned counsel for the petitioner.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010267712022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCont.Cas(C)/8/2023o HAYAoNAMPUIo S/OoLATEoP.C.oROYAoNAMPUI,oVILL-oNEWoSANGBAR,oP.O.oANDoP.S.- UMRANGSO,oDIST-DIMAoHASAOo(ASSAM),oPIN-788931 VERSUSo SYEDINoABBASI,oIASoANDo6oORSo THEoCOMMISSIONERoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oPUBLICo HEALTHoENGINEERINGoDEPARTMENT,oDISPUR,oASSAM,oGUWAHATI-06 2:DIGANTAoKUMARoBARUAH oTHEoCHIEFoENGINEERo(PUBLICoHEALTHoENGINEERING) oASSAM oHENGRABARI oGUWAHATI-36 3:BOJOYoBORDOLOI oTHEoEXECUTIVEoENGINEER o(PUBLICoHEALTHoENGINEERING) oUMRANGSOoDIVISION oUMRANGSO oASSAM 4:DEEPAKoNARAIN oTHEoACCOUNTANToGENERALo(AoANDoE) oASSAM oMAIDAMGAON oBELTOLA oGUWAHATI-29 5:MANISHoTHAKUR oTHEoCOMMISSIONERoANDoSECRETARY Page No.# 2/4 FINANCE DEPARTMENT ASSAM DISPUR GUWAHATI-6 6:AKHIL SHARMA THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT DISPUR GUWAHATI-06 7:MUKUT KEMPRAI THE PRINCIPAL SECRETARY DIMA HASAO AUTONOMOUS COUNCIL HAFLONG DIST-DIMA HASAO ASSA Advocate for the Petitioner : MR. P J SAIKIA Advocate for the Respondent : P. NAIDING (r-3) BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY