Jyoti Dutta vs The State Of Assam And 8 Ors
2026 Latest Caselaw 893 Gua

Gauhati High Court

Jyoti Dutta vs The State Of Assam And 8 Ors on 7 February, 2026

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                 Page No.# 1/3

GAHC010113372025




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

                         Case No. : WP(C)/2851/2025

         JYOTI DUTTA
         W/O- RATNESWAR DUTTA, R/O-MOUT GAON,P/O-PANIGAON,P.S-
         PANIGAON, DIST-LAKHIMPUR



         VERSUS

         THE STATE OF ASSAM AND 8 ORS.
         REP. BY HOME DEPTT., COMMISSIONER AND SECRETARY OF ASSSAM

         2:COMMISSIONER AND SECRETARY OF FINANCE DEPARTMENT
         ASSAM-781006

         3:DIRECTOR GENERAL OF POLICE
          ULUBARI
         ASSAM-781001

         4:INSPECTOR GENERAL OF POLICE
          ULUBARI
         ASSAM PIN-781007

         5:ACCOUNTANT GENERAL
          MAIDAM GAON
          BELTOLA
          GUWAHATI-781029

         6:THE SUPERINTENDENT OF POLICE
          HAILAKANDI
          PIN-78151

         7:PNL COMMANDANT 15TH AP IR BN
          ERALIGAON
         KARIMGANJ
                                                                      Page No.# 2/3

           PIN-788720

           8:PLN COMMANDANT 17TH DHOLAIKHAL BPO
            HAILAKANDI
            PIN-783101

           9:OFFICE IN CHARGE OF BILAIPUR POLICE STATION

           IN THE DISTRICT OF HAILAKANDI
           PIN-78816



Advocate for the petitioner(s): Mr. M Saikia


Advocate for the respondent(s): Mr. B Chakravarty CGC
                             Mr. A Chakraborty, Govt. Advocate, Assam
                             Mr. B Gogoi, Addl.AG, Assam


                                 BEFORE
                HON'BLE MR. JUSTICE DEVASHIS BARUAH
                                    ORDER

07.02.2026

Heard Mr. M Saikia, the learned counsel appearing on behalf of the petitioner. I have also heard Mr. B Chakravarty, the learned counsel who appears on behalf of the Accountant General, Assam; Mr. A Chakraborty, the learned counsel who appears on behalf of respondent Nos.1, 3, 4, 6, 7, 8 and 9 and Mr. B Gogoi, the learned Addl. AG, Assam who appears on behalf of respondent No.2.

2. The petitioner herein who is the wife of one Ratneswar Dutta has filed the instant writ petition being aggrieved by the inaction on the part of the respondent authorities to provide the death-cum-gratuity, including the GPF and Page No.# 3/3

the retirement benefits as per the required norms under Rule 143A(i)(ii) and more particularly, in pursuance to the Notification dated 29.03.2000.

3. Mr. M Saikia, the learned counsel appearing on behalf of the petitioner submitted that in the meantime, the family pension of the petitioner has been finalized and the petitioner has also been paid the GPF as well as the leave encashment dues. In that regard, the learned counsel has produced before this Court the finalization of the pension papers in respect to the petitioner as well as the other dues of the petitioner. The same is kept on record and marked with the letter 'X'.

4. The petitioner, however, submits that the petitioner in terms with Rule 143A(1) is also entitled to the amount of salary due from the date on which the petitioner's husband had gone missing i.e.19.03.2024.

5. The respondents herein shall apprise this Court as to whether the petitioner would be entitled to the said amount as per Rule 143A(1) of the Assam Services (Pension) Rules 1969 and if so, when the arrears thereof would be paid to the petitioner.

6. List this matter again on 16.03.2026 for an update.

JUDGE Comparing Assistant