GAHC010195692021

2026:GAU-AS:893 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6471/2021 PRANAB KUMAR SAIKIA AND 3 ORS S/O LT. BHULARAM SAIKIA, R/O UHRBARI, P.O. ULUBARI, GUWAHATI-8 P.S PALTANBAZAR, DIST. KAMRUP (M) ASSAM

2: DHARANIDHAR BARUAH S/O LT. JAGANATH BARUAH R/O SUTRAKUCHI P.O. PINGLESWAR DIST. KAMRUP (M) ASSAM

3: KULEN GOSWAMI S/O LT. RAJANI KT. GOSWAMI R/O AT. ROAD BHARALUMUKH P.O. BHARALUMUKH GUWAHATI KAMRUP (M) ASSAM

4: MANJUR ALI S/O LT. ASRAF ALI R/O UZAN BAZAR P.O. UZAN BAZAR GUWAHATI DIS. KAMRUP (M) ASA VERSUS THE STATE OF ASSAM AND 2 ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM SPORTS AND YOUTH WELFARE DEPTT. DISPUR, GUWAHATI-6

2:THE DIRECTOR SPORTS AND YOUTH WELFARE ASSAM RUDRA SINHA SPORTS COMPLEX DISPUR GUWAHATI-6

3:THE SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI-

Advocate for the Petitioner : MR. U J SAIKIA, Advocate for the Respondent : GA, ASSAM, SC, FINANCE BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

27/01/2026 Heard Ms. M Das, learned counsel for the petitioners. None has appeared for the respondents.

2. The petitioners by way of instituting the present proceeding have prayed for a direction upon the respondent authorities for payment of pension and other pensionary benefits to them.

3. The petitioners, herein, were appointed in the State Sports Council of Assam on different dates and they were continuing in their services as such. The petitioners on reaching the age of superannuation, were retired from their respective services. The petitioners on their retirement, not having been authorized their arrear salaries, gratuity, contributory Provident Fund etc. by the State respondents, approached this Court by way of instituting a writ petition, being WP(C) No. 8849/2018.

4. A Co-ordinate Bench of this Court vide order dated 10.04.2019 proceeded to dispose of the said writ petition with a direction to the respondent authorities to grant arrear salaries, gratuity, contributory Provident Fund and leave encashment benefits to the petitioners within the time frame so prescribed. The said order has since attained its finality.

5. In the above background, the petitioners have now instituted the present proceeding praying for a direction upon the respondent authorities to authorize to them pension and pensionary benefits.

6. The respondent authorities have categorically stated that the petitioners, herein, had not served in a pensionable establishment. Accordingly, it is the contention of the respondents that the petitioners are not entitled to be authorized with pension in terms of the provisions of the Assam Services (Pension) Rules, 1969.

7. I have heard the learned counsel for the petitioners and also perused the materials available on record.

8. The petitioners in the earlier round of litigation had prayed before this Court for authorizing to them their arrear salaries, gratuity, contributory Provident Fund and leave encashment benefits, which was allowed by a Co-ordinate Bench of this Court vide order dated 10.04.2019 passed in WP(C) No. 8849/2018. The operative portion of the said order dated 10.04.2019, being relevant is extracted hereinbelow:-

“4. In view of above, the present petition is disposed of with a direction to the respondent authorities to grant the arrear salary, gratuity, contributory provident funds and leave encashment salaries etc to the petitioners, as entitled to them, as expeditiously as possible, preferably within a period of 4 (four) months from the date of receipt of a certified copy of this order. However, if there is further delay, the petitioners will be entitled to interest @ 6% on the due amount.”

9. A perusal of the said order dated 10.04.2019 would show that the petitioners were directed to be released their contributory Provident Fund.

10. By the nature of the said direction and the reliefs as extended to the petitioners by the Co-ordinate Bench of this Court, it is apparent that the petitioners were no