GAHC010110322023

2025:GAU-AS:364

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/2865/2023 DULAL KRISHNA BHATTA

S/O LT. CHANDRA SAGAR BHATTA LOCO COLONY NEAR PANDU

LOKNATH MANDIR GUWAHATI 781012 DIST. KAMRUP ASSAM

VERSUS

THE STATE OF ASSAM AND 3 ORS.

REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM

EDUCATION HIGHER DEPTT. DISPUR GUWAHATI 781006 ASSAM

2:THE SECRETARY TO THE GOVT. OF ASSAM EDUCATION HIGHER DEPTT.

DISPUR GUWAHATI 6 ASSAM

3:THE DIRECTOR OF HIGHER EDUCATION ASSAM

KAHILIPARA GUWAHATI 19 ASSAM

4:THE PRINCIPAL ACCOUNTANT GENERAL (A AND E) ASSAM

MAIDAMGAON BELTOLA GUWAHATI 2

Advocate for the Petitioner : R SARMAH, MR S KHOUND,MR. K MOHAMMED

Advocate for the Respondent : SC, AG, SC, HIGHER EDU

BEFORE

HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

Date of hearing : 09.01.2025 Date of Judgment: 09.01.2025

Judgment & order(Oral)

Heard Mr. S. Khound, learned counsel, appearing on behalf of the

petitioner. Also heard Mr. D. Upamanyu, learned standing counsel, Higher Education Department, appearing on behalf of respondents No. 1, 2 & 3;

and Mr. C. Baruah, learned counsel, appearing on behalf of respondent No.

4.

2. The petitioner, by way of instituting the present proceeding has presented a challenge to a speaking order, dated 10.04.2023, issued by the Secretary, Higher Education Department, on the ground that the same is in clear violation of the directions passed by this Court vide order, dated

05.03.2020, in WP(c)3450/2018.

3. As projected in the writ petition, the petitioner, herein, while working as a Supervisory Assistant in Pandu College(a provincialized College), had retired from his service on attaining the age of superannuation w.e.f. 31.01.2006. The age of superannuation being 59 years at the relevant point of time, the petitioner was due for retirement on attaining the age of superannuation w.e.f. 30.06.2005. However, he was continued in his service and had proceeded on superannuation only w.e.f. 31.01.2006. Accordingly, the petitioner had overstayed in his service beyond the age of superannuation. The respondent authorities had, thereafter, fixed the date of his superannuation as 30.06.2004. Being aggrieved, the petitioner had approached this Court by way of instituting a writ petition being WP(c)4067/2008. This Court upon considering the issues arising in the matter, was pleased, vide order, dated 21.02.2011, to dispose of the said writ petition with a direction to the respondent authorities to authorize to the petitioner his pension and DCRG benefits by treating the date of his retirement as 30.06.2005 instead of 30.06.2004. The petitioner, accordingly, in pursuance of the directions passed by this Court vide order, dated 21.02.2011, approached the respondent authorities, praying for grant of release of his pension and DCRG benefits. The respondent authorities, thereafter, issued to the petitioner, a revised Pension Payment Order(PPO), therein, authorizing to him, his pension and DCRG benefits w.e.f. 01.12.2005. The other pensionary benefits including the leave encashment benefits was, however, released to the petitioner only on

22.06.2015.

4. The petitioner being aggrieved by the action/inaction on the part of the respondent authorities in authorizing to him, his due pension and DCRG benefits, after a lapse of more than 9 years from the date of his original date of superannuation; the petitioner approached this Court by way of instituting a writ petition being WP(c)3291/2016, praying for grant to him of interest for the delayed payment of pension and DCRG benefits in terms of the provisions of Section 197-A of the Assam Service(Pension) Rules, 1969. This Court vide order, dated 20.09.2017, was pleased to dispose of the said writ petition by directing the petitioner to submit a fresh representation before the Secretary, Higher Education Department. The concerned authority was directed to consider the grievance raised by the petitioner and to dispose of the said representation