THE UNION OF INDIA AND 2 ORS. vs SRI JAGANNATH DATTA, Advocate - MR. A R TALUKDAR — WA/353/2025
Case under Assam State Legislature (Delegation of Powers) Act, 1981 / Repealed Section 5. Disposed: Contested--Dismissed on 07th May 2026.
CNR: GAHC010156172025
e-Filing Number
16-07-2025
Filing Number
WA/8935/2025
Filing Date
17-07-2025
Registration No
WA/353/2025
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
Contested--Dismissed
Acts & Sections
Petitioner(s)
THE UNION OF INDIA AND 2 ORS.
Adv. MS. B SARMA
THE DEPUTY CONTROLLER OF DEFENCE ACCOUNTS,
THE DEPUTY CONTROLLER OF DEFENCE ACCOUNTS,
Respondent(s)
SRI JAGANNATH DATTA, Advocate - MR. A R TALUKDAR
THE PRINCIPAL REGISTRAR,
THE REGISTRAR IN CHARGE,
Hearing History
Judge: HONOURABLE THE CHIEF JUSTICE , HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
- FOR ORDERS -
- FOR ORDERS -
- FOR FRESH ADMISSION WITH STAY/BAIL -
- FOR FRESH ADMISSION WITH STAY/BAIL -
- ADMISSION WITH NOTICE SERVED - REPLY NOT FILED -
| Date | Purpose |
|---|---|
| 29-08-2025 | - FOR ORDERS - |
| 19-09-2025 | - FOR ORDERS - |
| 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 - |
Orders
The Gauhati High Court dismissed the Union of India's appeals and upheld lower court orders directing payment of ₹48,000 and ₹80,000 monthly remuneration to two retired defence employees working as consultants at the Armed Forces Tribunal. The court held that the employer cannot unilaterally alter contractual terms by reducing salaries through an Office Memorandum dated 09.12.2020 that deducted basic pensions from fixed remuneration, particularly when no such deduction was specified in original contracts and no evidence showed uniform application across other tribunals; arrears with 12% interest must be paid. This case analysis is maintained by casestatus.in based on publicly available court records.
The Gauhati High Court dismissed the Union of India's appeals and upheld lower court orders directing payment of ₹48,000 and ₹80,000 monthly remuneration to two retired defence employees working as consultants at the Armed Forces Tribunal. The court held that the employer cannot unilaterally alter contractual terms by reducing salaries through an Office Memorandum dated 09.12.2020 that deducted basic pensions from fixed remuneration, particularly when no such deduction was specified in original contracts and no evidence showed uniform application across other tribunals; arrears with 12% interest must be paid. This case analysis is maintained by casestatus.in based on publicly available court records.
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