Authority: Supreme Court of India

Order Date: 28 September 2026

Case Overview

  • Petitioners: Rajat Ch. Kalita and Shri Phukan Das (appellants).
  • Respondents: The State of Assam and others, represented by:
  • Principal Secretary to the Government of Assam, Co‑operative Department (DISPUR)
  • Registrar of Co‑operative Societies, Government of Assam
  • Assam State Co‑operative Union
  • Chief Executive Officer, Assam State Co‑operative Union
  • Principal Secretary, Department of Finance, DISPUR
  • Civil Appeal No.: Special Leave Petition (Civil) No. 5653 of 2025 (Civil Appeal No. of 2026).
  • Counsel: Petitioners – Mr. Kaushik Choudhury (learned counsel); Respondent No. 1 – Mr. Chinmoy Sharma, Senior Additional Advocate General.
  • Procedural History:
  • The appeal stems from a Gauhati High Court Division Bench judgment dated 17‑10‑2023 in WA No. 168/2019, which upheld a Single Judge order dated 25‑04‑2019 (W.P.(C) No. 2047/2019) that no mandamus could be issued against the State of Assam for payment of salaries.
  • Petitioners contend that the salary dispute was settled inter se by an order dated 24‑02‑2006 passed by the Single Judge of the Gauhati High Court in W.P.(C) No. 7086/2005.
  • A review petition (R.A. No. 70 of 2006) was dismissed on 04‑05‑2007; a further challenge before the Division Bench (W.A. No. 369/2007) was dismissed on 10‑12‑2009.
  • Respondent No. 1 cited State of Assam v. Barak Upatyaka D.U. Karmachari Sanstha (2009) 5 SCC 694, wherein the Court held that no mandamus could be issued.
  • Court’s Reasoning:
  • The Supreme Court observed that the issue of the State’s liability to pay salaries had already been settled by the 24‑02‑2006 order and reaffirmed by the Division Bench on 10‑12‑2009.
  • The Barak Upatyaka decision dated 17‑03‑2009 was rendered after the Division Bench order; therefore, the State, if aggrieved, should have filed a review of the 10‑12‑2009 order, which it did not.
  • By reopening the matter, the Single Judge and Division Bench misdirected themselves and unsettled a settled position.

Final Outcome

  • The appeal is allowed.
  • The order of the Single Judge (25‑04‑2019) and the Division Bench (17‑10‑2023) are set aside.
  • The State of Assam is held liable to make the salary payment to the appellants in accordance with the order dated 24‑02‑2006 of the Gauhati High Court (W.P.(C) No. 7086/2005).
  • The appellants are to be paid whatever amounts are due to them without any delay.
  • Any pending applications, if any, shall stand disposed of.
  • The order was pronounced by Justice Ahsanuddin Amanullah and Justice Manmohan.

Topics: Court Order, State Salary Liability, Supreme Court Judgment