GAHC010142952025 2026:GAU-AS:1844 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/3886/2025 SMT. KAMALA DAS W/O LATE DHARANIDHAR DAS, VILL AND P.O.- DADARA, DIST- KAMRUP, ASSAM, PIN-781104 VERSUS THE STATE OF ASSAM AND 6 ORS.

REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, 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 SIX MILE GUWAHATI-37

5:THEE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI-6

6:THE CHIEF EXECUTIVE OFFICER KAMRUP ZILLA PARISHAD AMINGAON P.O.- AMINGAON DIST- KAMRUP ASSAM PIN-781031

7:THE TREASURY OFFICER KAMRUP TREASURY AMINGAON P.O.- AMINGAON DIST- KAMRUP ASSAM PIN-78103 Advocate for the Petitioner : MR. M ISLAM, MS A KHATUN Advocate for the Respondent : SC, P AND R.D., MR. S. DUTTA, SC, P AND R.D., (FOR R-1, 4 &

6),MR. B. GOGOI, SC, FINANCE, (R-3&7),MR. R. DHAR, GA, ASSAM, (R-2&5)

BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 09.02.2026

1. Heard Mr. M Islam, learned counsel for the petitioner. Also heard S Dutta, learned Standing counsel, P&RD, Assam, Mr. P Nayak, learned Addl. Advocate General appearing for Department of Finance, Assam and Mr. R Dhar, learned counsel appearing for respondent No. 2 & 5.

2. The petitioner, by way of instituting the present proceeding, has presented a challenge to the computation of pension and pensionary benefits as made by the respondent authorities in the Pension Payment Order (PPO) bearing No.

ADP/PRI/PPO/GPO/2012/000542, issued to the petitioner, herein in respect of the services rendered by the petitioner’s husband.

3. As projected in the writ petition, the husband of the petitioner was appointed as the Grade-III employee at Dadara Gaon Panchayat under Kamrup Zila Parishad w.e.f. 16.09.1964. The services of the husband of the petitioner, was thereafter, provincialized in terms of the Assam Panchayat Employees (Provincialization) Act, 1999, w.e.f., 01.10.1991. The husband of the petitioner thereafter, died in harness on 20.01.1998 while serving as Secretary of Dadara Gaon Panchayat under Kamrup Zila Parishad.

The Director of Pension, Government of Assam, thereafter, had finalized the family pension and pensionary benefits receivable by the petitioner for the services rendered by her husband by issuing a Pension Payment Order (PPO) bearing No. ADP /PRI/PPO/GPO/2012/000542 and therein, held the service qualifying for pension of the husband of the petitioner as only 22 years, 07 months and 19 days and basing on the said quantification of the qualifying service, proceeded to compute the pension and other retirement benefits required to be authorized to the petitioner, herein.

The petitioner, herein, was accordingly authorized family pension in the matter. It is contention of the petitioner that on account of wrong computation of the qualifying service rendered by her husband vide the Pension Payment Order (PPO) bearing No. ADP/PRI/PPO/GPO/2012/000542, the petitioner came to be authorized family pension at a much lower stage than that she was entitled to. Accordingly, being aggrieved, the petitioner has instituted the present proceedings.

4. Mr. Islam, learned counsel for the petitioner, by reiterating the facts as noticed hereinabove, has submitted that the qualifying service as computed in respect of the service rendered by the husband of the petitioner, herein, vide the above-noted Pension Payment Order (PPO), having been so computed on erroneous conclusion that the service rendered by the husband of the petitioner only for 22 years, 07 months and 19 days would only be reckonable as qualifying service for the purpose of computation of pension and pensionary benefits; had resulted in the fix