Page No.# 1/3 vs The State Of Assam And 6 Ors
2026 Latest Caselaw 275 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And 6 Ors on 21 January, 2026

                                                               Page No.# 1/3

GAHC010250422025




                                                         2026:GAU-AS:633

                      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 KAUSHIK GOSWAMI

                                         ORDER

21.01.2026

Heard Mr. M Islam, learned counsel for the petitioner. Also heard Mr. A K Ghosh, learned counsel for the respondent Nos. 1, 4 & 6 as well as Mr. A Chaliha, learned Standing counsel, Finance Department for the respondent Nos. 3 & 7.

2. By way of this writ petition, the petitioner is seeking grant of full pension and other retiral benefits by considering the total length of service reckoned from the date of initial appointment of the petitioner's husband in the service of the Panchayat.

3. It is submitted at the bar that the issue involved in this writ petition is covered by the Judgment of the Division Bench of this Court rendered in the case of State of Assam and Another vs. Syed Md. Fazlay Rabbi in Writ Appeal no. 145/2009, Page No.# 3/3

wherein the Division Bench of this Court held that the benefit of the provisions of the Assam Panchayat Employees (Provincialisation) Act, 1999 including those for pension and other retirement dues would be available to the provincialized employees in service on or after 01.10.1991, on the basis of the length of their services reckoned from the dates of their initial appointments.

4. In view of the aforesaid endorsement made by the learned counsel for the parties, this Court is of the considered view that this Writ Petition can be disposed of in the line of the aforesaid decision of this Court. It is accordingly ordered. Needless to be said that, the total length of service of the petitioner's husband Late Debendra Nath Das shall be reckoned from the date of his initial appointment i.e. 11.08.1966, in the service of the Tax Collector for grant of family pension and other retiral benefits.

5. It is further clarified that the entire exercise shall be completed within a period of two months from the date of submission of a certified copy of this order by the petitioner in the office of the respondent nos. 4 & 5 and failing to complete such exercise within the stipulated period, the same shall carry an interest of 6% per annum.

6. With the above observation and direction, the instant writ petition, stands allowed and disposed of.

JUDGE

Comparing Assistant