THE UNION OF INDIA AND ORS. vs MANABENDRA CHAKRABORTY AND ORS. — WA/354/2025

Case under Assam State Legislature (Delegation of Powers) Act, 1981 / Repealed Section 5. Disposed: --Dismissed on 07th May 2026.

CNR: GAHC010156142025

CASE DISPOSED

e-Filing Number

16-07-2025

Filing Number

WA/8932/2025

Filing Date

17-07-2025

Registration No

WA/354/2025

Registration Date

30-10-2025

Judge

HONOURABLE THE CHIEF JUSTICE , HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

Coram

HONOURABLE THE CHIEF JUSTICE , HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

Category

10237 - Writ Appeals under the Gauhati High Court Rules. ( 204 )

Judicial Branch

Civil Section

Decision Date

07th May 2026

Nature of Disposal

--Dismissed

Acts & Sections

Assam State Legislature (Delegation of Powers) Act, 1981 / Repealed Section 5

Petitioner(s)

THE UNION OF INDIA AND ORS.

Adv. MS. B SARMA

THE DEPUTY CONTROLLER OF DEFENCE ACCOUNTS

THE DFPUTY CONTROLLER OF DEFENCE ACCOUNTS

Adv. MS BIJITA SARMA

Respondent(s)

MANABENDRA CHAKRABORTY AND ORS.

THE PRINCIPAL REGISTRAR

THE REGISTRAR IN CHARGE,

Hearing History

Judge: HONOURABLE THE CHIEF JUSTICE , HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

07-05-2026

- FOR FRESH ADMISSION WITH STAY/BAIL -

27-04-2026

- FOR FRESH ADMISSION WITH STAY/BAIL -

23-02-2026

- ADMISSION WITH NOTICE SERVED - REPLY NOT FILED -

08-12-2025

- FOR FRESH ADMISSION WITHOUT STAY/BAIL -

Orders

07-05-2026
HONOURABLE THE CHIEF JUSTICE,HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

The Gauhati High Court dismissed the Union of India's appeals and upheld lower court judgments ordering payment of contractually agreed remuneration (₹48,000 and ₹80,000 monthly) to two retired defence employees. The court held that the employer unlawfully unilaterally altered contractual terms by issuing a 2020 memorandum deducting pension from fixed salaries, without applying this policy uniformly across other Armed Forces Tribunals, thereby violating contract sanctity and requiring payment of arrears with 12% interest. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

The Gauhati High Court dismissed the Union of India's appeals and upheld lower court judgments ordering payment of contractually agreed remuneration (₹48,000 and ₹80,000 monthly) to two retired defence employees. The court held that the employer unlawfully unilaterally altered contractual terms by issuing a 2020 memorandum deducting pension from fixed salaries, without applying this policy uniformly across other Armed Forces Tribunals, thereby violating contract sanctity and requiring payment of arrears with 12% interest. This case analysis is maintained by casestatus.in based on publicly available court records.

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