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Case under Assam State Legislature (Delegation of Powers) Act, 1981 / Repealed Section 5.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

Case disposed

CNR: GAHC010156172025

e-Filing Number

16-07-2025

Filing Number

WA/8935/2025

Filing Date

17-Jul-2025

Registration No

WA/353/2025

Registration Date

30-Oct-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

07-May-2026

Nature of Disposal

Contested--Dismissed

Last updated 10-Jun-2026

Acts & Sections

Assam State Legislature (Delegation of Powers) Act, 1981 / Repealed Section 5

Petitioner(s)

  1. 1.THE UNION OF INDIA AND 2 ORS.

    Adv. MS. B SARMA

  2. 2.THE DEPUTY CONTROLLER OF DEFENCE ACCOUNTS,

  3. 3.THE DEPUTY CONTROLLER OF DEFENCE ACCOUNTS,

Respondent(s)

  1. 1.SRI JAGANNATH DATTA, Advocate - MR. A R TALUKDAR

  2. 2.THE PRINCIPAL REGISTRAR,

  3. 3.THE REGISTRAR IN CHARGE,

Case History

  1. Case disposedDisposed

  2. 07-May-2026

    Honourable The Chief Justice,honourable Mr. Justice Arun Dev ChoudhuryView PDF

    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.

  3. 07-May-2026

    - For Fresh Admission With Stay/Bail -

    Honourable The Chief Justice , Honourable Mr. Justice Arun Dev Choudhury

  4. 27-Apr-2026

    Honourable The Chief Justice,honourable Mr. Justice Arun Dev ChoudhuryView PDF

  5. 27-Apr-2026

    - For Fresh Admission With Stay/Bail -

    Honourable The Chief Justice , Honourable Mr. Justice Arun Dev Choudhury

  6. 23-Feb-2026

    Honourable The Chief Justice,honourable Mr. Justice Arun Dev ChoudhuryView PDF

  7. 23-Feb-2026

    - Admission With Notice Served - Reply Not Filed -

    Honourable The Chief Justice , Honourable Mr. Justice Arun Dev Choudhury

  8. 08-Dec-2025

    Honourable The Chief Justice,honourable Mr. Justice Arun Dev ChoudhuryView PDF

  9. 08-Dec-2025

    - For Fresh Admission Without Stay/Bail -

    Honourable The Chief Justice , Honourable Mr. Justice Arun Dev Choudhury

  10. 12-Nov-2025

    Honourable The Chief Justice,honourable Mr. Justice Arun Dev ChoudhuryView PDF

  11. 12-Nov-2025

    Honourable The Chief Justice,honourable Mr. Justice Arun Dev ChoudhuryView PDF

  12. 19-Sep-2025

    - For Orders -

    Honourable The Chief Justice , Honourable Mr. Justice Arun Dev Choudhury

  13. 29-Aug-2025

    Honourable The Chief Justice,honourable Mr. Justice Arun Dev ChoudhuryView PDF

  14. 29-Aug-2025

    First hearing

    Initial hearing scheduled

  15. 17-Jul-2025

    Case filed

    Registration No. WA/353/2025

casestatus.in Summary

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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