Sushil Kumar Dutta vs The State Of Assam And 5 Ors
2025 Latest Caselaw 917 Gua

Gauhati High Court

Sushil Kumar Dutta vs The State Of Assam And 5 Ors on 6 June, 2025

Author: Suman Shyam

Bench: Suman Shyam

                                                                    Page No.# 1/3

GAHC010115952025




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

                          Case No. : WP(C)/3089/2025

         SUSHIL KUMAR DUTTA
         S/O LATE BADAN DUTTA, R/O VILL- KAMALPUR, P.O. AND P.S.-
         KAMALABARI, DIST- MAJULI, ASSAM-785106



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM, WOMEN AND CHILD DEVELOPMENT
         DEPARTMENT, DISPUR, GUWAHATI-6

         2:THE DIRECTOR
         WOMEN AND CHILD DEVELOPMENT
         ASSAM
          UZANBAZAR
          GUWAHATI-781001
          DIST-KAMRUP (M)
         ASSAM

         3:THE PROGRAMME OFFICER
          JORHAT PROGRAMME OFFICE
          DIVISIONAL ICDS CELL
          JORHAT
          K.K. BARUAH ROAD
          P.O. AND DIST- JORHAT
         ASSAM-785001

         4:THE CHILD DEVELOPMENT PROJECT OFFICEER
          MAJULI ICDS PROJECT
          DIST- MAJULI
         ASSAM-785110
                                                                                    Page No.# 2/3

            5:THE SECRETARY TO THE GOVT. OF ASSAM
             FINANCE DEPARTMENT
             DISPUR
             GUWAHATI-781006

            6:THE DIRECTOR OF PENSION
            ASSAM
             HOUSEFED COMPLEX
             BELTOLA
             GUWAHATI
             PIN-78102

Advocate for the Petitioner   : MR. I H SAIKIA, MR K KASHYAB,MR. B BORAH,MR. K
KALITA

Advocate for the Respondent : GA, ASSAM, SC, FINANCE




                                     BEFORE
                        HONOURABLE MR. JUSTICE SUMAN SHYAM

                                            ORDER

06.06.2025 Heard Mr. I. H. Saikia, learned counsel appearing for the writ petitioner. Perused

the averments made in the writ petition.

The petitioner was initially appointed as a fixed pay employee. However,

despite rendering long years of service he was not regularised until the date of

his retirement as a result of which, the petitioner did not receive any pensionary

benefit. Claiming the benefit of minimum of pay scale and other benefits

permissible under the judgment of this Court rendered in the case of State of

Assam Vs. Upen Das and others, the instant writ petition has been filed seeking a

writ of mandamus.

Ms. S. Baruah, learned Govt. Advocate, Assam and Mr. A. Chalha, learned

Standing Counsel, Finance Department, Assam prays for some time to obtain

instruction.

Page No.# 3/3

Issue notice of motion returnable in six weeks.

Since Ms. S. Baruah, learned Govt. Advocate, Assam has entered appearance

and accepted notice on behalf of respondent Nos.1 to 4 and 6 and Mr. A.

Chalha, learned Standing Counsel, Finance Department, Assam has accepted

notice on behalf of respondent No.5, service of notice is deemed to be

complete in this case. Extra copies of the writ petition, requisite in numbers, be

furnished to the learned departmental counsel, within a week from today, so as

to enable them to obtain instruction.

JUDGE

Comparing Assistant