Page No.# 1/3 vs M.S. Manivannan
2023 Latest Caselaw 1091 Gua

                                                                Page No.# 1/3

GAHC010086712022




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                        Case No. : Cont.Cas(C)/251/2022

         DIBRUGARH UNIVERSITY PENSIONERS ASSOCIATION AND ANR.
         HAVING ITS REGISTERED OFFICE AT VILLAGE TEKELACHIRING GAON,
         DIBRUGARH UNIVERSITY LINK ROAD, P.O. AND DIST.- DIBRUGARH,
         ASSAM, PIN- 786001, REPRESENTED BY ITS GENERAL SECRETARY, SRI
         CHANDRA KAMAL DAS.

         2: CHANDRA KAMAL DAS
          S/O- LATE BISWA BAHAN DAS
          R/O- SEUJEE PATH
         TEKELA CHIRING GAON
          P.O. AND DIST.- DIBRUGARH
          PIN- 786001

         VERSUS

         M.S. MANIVANNAN, IAS AND ORS.
         COMMISSIONER AND SECRETARY, GOVT. OF ASSAM, HIGHER
         EDUCATION DEPTT., ASSAM SECRETARIAT, BLOCK CM, 3RD FLOOR,
         DISPUR- 781006

         2:DR. JITEN HAZARIKA
          REGISTRAR DIBRUGARH UNIVERSITY
          DIBRUGARH
          PIN- 786004.

            3:SRI MANISH THAKUR
             IAS COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
             FINANCE DEPARTMENT
            ASSAM SECRETARIAT
             DISPUR-781006
            ASSAM
Advocate for the Petitioner : MR. K N CHOUDHURY
Advocate for the Respondent : MR. K GOGOI
                                                                                          Page No.# 2/3




                                               BEFORE
                      HON'BLE MR. JUSTICE MANASH RANJAN PATHAK


                                               ORDER

20-03-2023

Heard Mr. K. N. Choudhury, learned Senior counsel assisted by Mr. D.J. Das, learned counsel for the petitioners and Mr. K. Gogoi, learned Standing counsel, for the respondent No. 1. Also heard Ms. M. Saikia, learned Standing counsel, Dibrugarh University for the respondent No. 2 and Mr. A. Chaliha, learned Standing counsel, Finance Department of the State for the respondent No. 3

Matter pertains to payment of pension to the petitioners of WP(C) No. 2190/2016 in terms of the judgment and order dated 19.05.2021 passed in said WP(C) No. 2190/2016.

From the letter dated 21.02.2023 of the Government of Assam, Finance (EC-III) Department, it is seen that the Education (Higher) Department proposed an amount of Rs. 14936.00 lakh in the Annual Budget for 2023-24 under "31 GIA" salary component in respect of Dibrugarh University with the clarification that said amount includes the regular as well as the arrear pension of the employees of said University.

During the deliberation of the matter, Mr. Chaliha, learned Standing counsel, Finance Department placed before the Court a copy of the Communication No. eCF, 244983 dated 17.03.2023 of the Government of Assam, Finance (EC-III) Department specifying that the Finance (Budget) Department vide letter No. BB.1/2023/96 dated 16.03.2023 approved an amount of Rs. 9400.00 lakh in the Annual Budget for 2023-24 under "31 GIA" salary component in respect of the Dibrugarh University clarifying further that the Administrative Department shall take further necessary action for releasing of the required fund in an appropriate manner with due observation of all necessary formalities/ procedures etc. after communication of budget for 2023-2024

On being enquired, Mr. Chaliha, learned Standing counsel, Finance Department, on specific instruction, submitted that the budget fund for the amount of Rs. 9400.00 lakh in the Annual Budget for 2023-2024 under "31 GIA" salary component in respect of the Dibrugarh University shall be sufficient to take care of the payment of pension payable to the petitioners of said WP(C) No. Page No.# 3/3

2190/2016.

In view of the above, list this matter on 11.04.2023 enabling the respondent authorities in the Higher Education and Finance Department of the State to place the up-to-date status.

JUDGE

Comparing Assistant