Indrajit Sen vs The State Of Assam And 8 Ors
2026 Latest Caselaw 2205 Gua

Gauhati High Court

Indrajit Sen vs The State Of Assam And 8 Ors on 13 March, 2026

                                                                     Page No.# 1/4

GAHC010015272023




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

                           Case No. : WP(C)/446/2023

         INDRAJIT SEN
         S/O- LT. GOURANGA SEN, R/O- VILL- CHABATI (KALYANPUR), P.O.
         CHABATI, P.S. LILABARI, DIST.- LAKHIMPUR, ASSAM, PIN- 787001



         VERSUS

         THE STATE OF ASSAM AND 8 ORS
         REP. BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM, IRRIGATION
         DEPTT., DISPUR, GHY-06

         2:THE COMM. AND SECY.
         TO THE GOVT. OF ASSAM
          IRRIGATION DEPTT.
          DISPUR
          GHY-06

         3:THE COMM. AND SECY.
         TO THE GOVT. OF ASSAM
          PENSION AND PUBLIC GRIEVANCES DEPTT.
          3RD FLOOR
          BLOCK A
         ASSAM SECRETARIAT
          DISPUR
          GHY-06

         4:THE COMM. AND SECY.
         TO THE GOVT. OF ASSAM
          FINANCE DEPTT.
          DISPUR
          GHY-06

         5:THE CHIEF ENGINEER
                                                                                    Page No.# 2/4

             IRRIGATION DEPTT.
             GOVT. OF ASSAM
             GHY-03

            6:THE DEPUTY CHIEF ADMINISTRATOR
             CENTRAL MONITORING CELL
             IRRIGATION DEPTT.
             GOVT. OF ASSAM
             CHANDMARI
             GHY-03

            7:THE SUPERINTENDING ENGINEER
             LAKHIMPUR CIRCLE (IRRIGATION)
             NORTH LAKHIMPUR
             DIST.- LAKHIMPUR
            ASSAM
             PIN- 787001

            8:THE EXECUTIVE ENGINEER
             LAKHIMPUR-NAOBOICHA-BIHPURIA DIVISION (IRRIGATION)
             NORTH LAKHIMPUR
             DIST.- LAKHIMPUR
            ASSAM
             PIN- 787001

            9:THE ACCOUNTANT GENERAL (A AND E)
            ASSAM
             BELTOLA
             MAIDAMGAON
             GHY-2

Advocate for the Petitioner   : MR. A J SARMA, MS S GOYAL,MR. H ROHMAN,MR G
ALAM,MR. P D NAIR

Advocate for the Respondent : GA, ASSAM, SC, FINANCE,SC, AG (A AND E),SC, IRRIGATION




                                    BEFORE
                    HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

                                            ORDER

Date : 13.03.2026

Heard Mr. G. Alam, learned counsel for the petitioner. Also heard Mr. P. Nayak, learned Additional Advocate General appearing for the Irrigation Department as well as Mr. R.K. Talukdar, Page No.# 3/4

learned counsel appearing for the respondent No.9.

2. The additional affidavits required to be filed by the order dated 07.08.2025 has been filed. On perusing the same, this Court is of the opinion that the matter would require an extensive hearing.

3. Mr. G. Alam, learned counsel for the petitioner has submitted that the petitioner has not yet been paid any retirement benefits, although he retired from service in the year 2022. This Court by the order dated 07.08.2025, had directed the respondent authorities to release to the petitioner his provisional pension w.e.f. the date subsequent to the date from when he had proceeded on superannuation i.e., w.e.f. 01.08.2022. The petitioner was also required to be paid DCRG and other pensionary benefits including leave encashment etc within a period of one month from 08.08.,2025.

4. This Court notices that till date, no payment has been made by the respondent authorities. This Court expresses displeasure on the same.

5. This Court has considered the submissions of the learned Additional Advocate General that in the event, the petitioner was found to be a non-matriculate, his promotion to the post of Junior Engineer would require an interference and a reversion and therefore, the respondents have not released the pensionary and other benefits to the petitioner in the post of Junior Engineer.

6. This Court is of the onion that even in such an event, there was no impediment on the part of the respondent authorities to release the provisional pension, DCRG and leave encashment benefits to the petitioner at least deeming him to have retired from the post of the Electrician, subject to the outcome of the writ petition.

7. This Court is of the opinion that even in the event, the promotion of the petitioner is cancelled, the aforesaid would be the minimum, to which the petitioner would be entitled on his retirement from service.

8. Accordingly, it is directed that the respondent authorities would release the provisional pension along with arrears and DCRG benefit along with other permissible provisional benefits including leave encashment to the petitioner at the same rate that the petitioner would have been entitled to, had he retired from the post of a Electrician.

9. This Court makes it clear that it is not of the opinion that the petitioner ought to have retired from the post of Electrician but it is only to grant an interim relief to the petitioner, without prejudicing the case either the petitioner or the respondent that the above direction has been passed.

List this matter for hearing on 30.04.2026.

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10. The learned Additional Advocate General has submitted that the payment of the DCRG may require processing through the Office of the Accountant General also. However, the payment, which is at the hands of the Irrigation Department would be processed with due process at the earliest.

JUDGE

Comparing Assistant