Citation : 2025 Latest Caselaw 8690 Gua
Judgement Date : 19 November, 2025
Page No.# 1/3
GAHC010250422025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6521/2025
SMT PAKHILA DAS
W/O. LATE DEBENDRA NATH DAS, VILLAGE AND P.O. - MADHUKUCHI,
DISTRICT- KAMRUP, ASSAM, PIN - 781354.
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT
OFASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT,
DISPUR, GUWAHATI-6.
2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
PENSION AND PUBLIC GRIEVANCE DEPARTMENT
ASSAM
DISPUR
GUWAHATI-6.
3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6.
4:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT
ASSAM
JURIPAR
SIXMILE
GUWAHATI-37.
5:THE DIRECTOR OF PENSION
Page No.# 2/3
ASSAM
HOUSEFED COMPLEX
DISPUR
GUWAHATI-6.
6:THE CHIEF EXECUTIVE OFFICER
KAMRUP ZILLA PARISHAD
AMINGAON
P.O. AND DIST. KAMRUP
ASSAM
PIN- 781031.
7:THE TREASURY OFFICER
KAMRUP TREASURY
AMINGAON
P.O. AMINGAON
DIST. KAMRUP
ASSAM.
PIN- 781031
Advocate for the Petitioner : MR. M ISLAM, MS A KHATUN
Advocate for the Respondent : GA, ASSAM, SC, FINANCE,SC, P AND R.D.
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
19.11.2025
Heard Mr. M Islam, learned counsel for the petitioner. Also heard Ms. S
Baruah, learned Government Advocate, for the respondent nos. 2 & 5, Mr. AK
Ghosh, learned counsel for the Panchayat and Rural Development Department
for the respondent nos. 1, 4 & 6 and Mr. A. Chaliha, learned Standing Counsel,
Finance Department for the respondent nos. 3 & 7.
The claim of the writ petitioner before this Court is for grant of pensionary Page No.# 3/3
benefits for the services rendered by her late husband as a Tax Collector under
the Kamrup Zilla Parishad. Services of the petitioner's husband was
provincialised on 01.10.1991 and he died in harness on 20.01.2022 while
rendering his services as a Tax Collector. Learned counsel for the petitioner has
pressed into service the Judgment and Order dated 13.05.2004 passed by the
Division Bench in WP(C) No.4597/2002 ( Syed Md. Fazlay Rabbi vs. the State of
Assam and Others). It is submitted that the facts and circumstances of the case
is squarely covered by the said judgment.
Mr. AK Ghosh, learned counsel for the Panchayat and Rural Development
Department is permitted time to complete his instructions and apprise the Court
on this aspect on the next date fixed. Although notices are not issued, extra
copies be furnished to the learned Standing Counsel for the Department within
2 (two) working days from today.
Let the matter be listed again on 05.12.2025.
JUDGE
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