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GAHC010088072026

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/2516/2026

BARASHA BORAH BORDOLOI

W/O LATE DHARANI BORDOLOI, R/O AMAR ENCLAVE, FLAT NO. D-41, CID

BUS STOP, SURVEY, BELTOLA, GUWAHATI- 781028

VERSUS

THE STATE OF ASSAM AND 3 ORS

REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM,

DEPARTMENT OF EXCISE, DISPUR, GUWAHATI 06

2:THE COMMISSIONER OF EXCISE

ASSAM

HOUSEFED COMPLEX

GUWAHATI-06

3:THE SUPERINTENDENT OF EXCISE

MORIGAON

ASSAM

PIN- 782105

4:THE PRINCIPAL ACCOUNTANT GENERAL (A AND E)

ASSAM

BELTOLA

GUWAHATI-2

Advocate for the Petitioner : MR H R A CHOUDHURY, MR. J I BORBHUIYA,MR. A H M R

CHOUDHURY

Advocate for the Respondent : SC, EXCISE DEPTT., SC, AG (A AND E)

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BEFORE

HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

ORDER

15.05.2026

Heard Mr. HRA Choudhury, learned Senior Counsel assisted by Mr. JI

Borbhuiya, learned counsel for the petitioner and Mr. RR Gogoi, learned

Standing Counsel, Excise Department for the respondents no.1 to 3 and Mr. R

Boro, learned Standing Counsel, Accountant General for the respondent no.4.

The petitioner before this Court is aggrieved by the order dated 12.03.2026

passed in the name of the Governor or Assam, whereby the pension entitlement

of the writ petitioner has been withheld permanently pursuant to a Disciplinary

Proceedings initiated against the writ petitioner where she has been found to be

guilty on grave and gross misconduct of service. Learned Senior Counsel for the

petitioner submits that the procedure prescribed under the Assam Services

(Pension) Rules, 1969 has not been followed and that apart, by earlier order

dated 09.10.2025 the respondents had passed an order for release of

provisional pension, which, however, also has not been released. It is further

submitted that she is also entitled to receive arrear salary and subsistence

allowance for which she was under suspension, as also gratuity and leave

encashment has not been release.

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Considering the submissions made and in view of the provisions of Rule 21

of the Assam Services (Pension) Rules, 1969, let Notice issue, returnable by

17.06.2026.

Since all the respondents are represented by their respective counsel,

Notices are waived. However, extra copies be furnished to her within 1 (one)

week from today.

The respondents Department will examine the claims made by the petitioner

and release any amount that she would otherwise be entitled for the service

which she had rendered during her service tenure, namely, arrear

salary/subsistence allowance/gratuity/leave encashment.

Let the respondents complete their instructions and file necessary affidavit,

if so advised.

Let the matter be listed on 17.06.2026.

JUDGE

Comparing Assistant