Gauhati High Court
State Of Assam Represented By Principal ... vs All Assam Retired Officers on 24 July, 2025
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/3
GAHC010148992023
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/418/2023
1: STATE OF ASSAM REPRESENTED BY PRINCIPAL SECRETARY TO THE
GOVERNMENT OF ASSAM, FINANCE DEPARTMENT REP. BY PRINCIPAL
SECRETARY TO THE GOVERNMENT OF ASSAM, FINANCE DEPARTMENT,
DISPUR, GUWAHATI- 781006.
VERSUS
1: ALL ASSAM RETIRED OFFICERS, TEACHERS AND EMPLOYEES
COMMITTEE S.B. HOUSING COMPLEX, TRIPURA ROAD, KHANAPARA,
GUWAHATI- 28, DIST.- KAMRUP (M), ASSAM.
2:SRI BIMAN SARMAH
S/O SRI NORENDRA NATH SARMA RANGBHUMI GOTANAGAR
HOUSE NO. 6 2ND FLOOR P.O.- GOTANAGAR GUWAHATI- 781033.
3:SRI JATINDRA NATH BORAH
S/O LATE BHARAT CHANDRA BORAH
ANIRUDHA PATH BASISTHAPUR PATH NO. 2 GUWAHATI- 781028.
4:THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM
DISPUR GUWAHATI- 781006.
5:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
PENSION AND PUBLIC GRIEVANCES DEPARTMENT DISPUR GUWAHATI-
781006.
6:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
PERSONAL DEPARTMENT DISPUR GUWAHATI- 781006
For the Appellant(s) : Mr. R. Borpujari, Advocate.
For the Respondent(s) : Mr. M. Sarma, Advocate for respondent Nos.1, 2 & 3.
: Mr. R.K. Talukdar, Standing Counsel, Accountant General.
: Mr. P. Saikia, Govt. Advocate, Assam.
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-B E F O R E -
HON'BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR
HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA
24.07.2025
(Ashutosh Kumar, CJ)
In a writ petition [WP(C) No.61/2011], a challenge was laid to the
decision of the Government in not paying the arrears of salary to employees
who retired from service from 01.01.2006 to 31.03.2009 on grounds of financial
stringency, despite acceptance and implementation of the recommendation of
the Assam Pay Commission, 2008 with effect from 01.01.2006.
In that writ petition, a learned Single Judge, relying upon the judgment
of D.S. Nakara & Ors. -Vs- Union of India, reported in (1983) 1 SCC 305,
held that such classification was not permissible in case of pensioners who
formed a class in themselves specially when the recommendations were
implemented with effect from 01.01.2006. For employees who would have
retired prior to 01.01.2006, there would be naturally no benefit of the hike in
the pay but persons retiring between 01.01.2006 to 31.03.2009 could not have
been denied the benefit of the Pay Commission recommendation of higher
salary only for financial stringency.
This anomaly was further confounded on there being no specific
statement that the straitened financial circumstances of the State would be
overcome after 3(three) years.
The State of Assam challenged such decision in appeal and cited that
the decision of the Supreme Court in State of Punjab & Ors. -Vs- Amar Nath
Goyal & Ors., reported in (2005) 6 SCC 754, wherein it was held that the
financial constraint is a valid ground for fixation of cut-off date for grant of
benefit of increased quantum of pay or other benefits.
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However, the appellant/State of Assam withdrew that appeal in order
to approach the learned Single Judge in review.
The review petition, however, was dismissed on the ground that there
was no error apparent on the face of the record or that something which could
not be discovered without a long drawn process of reasoning.
In the present appeal, along with the order dismissing the review
petition, the order passed in the original writ petition also has been impugned
but the certified copy of the order passed in the writ petition has not been
brought on record.
Even otherwise, 2(two) appeals were required to be filed separately.
Nonetheless, the learned counsel for the appellants submits that he
would be filing necessary affidavit with a prayer for impugning the judgment
passed in the writ petition also in this appeal by the next date.
In order to enable the appellant to do so, we accede to his request and
post this writ appeal on 21.08.2025 along with WP(C) No.4338/2019 and
WP(C) No.6916/2019.
JUDGE CHIEF JUSTICE
Comparing Assistant
