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2026 Supreme(Online)(Gau) 15402
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Manish Choudhury, J
Prem Kandhu – Appellant
Versus
The State of AP and 6 Ors – Respondent
WP(C)/468/2025
For the Appellants/Petitioners: Vijay Jamoh, Abanso Gamre, S Tsering, Bakar Dulom, B Padung
For the Respondents: GA (AP)
Pension is a vested right under Article 300A of the Constitution of India and cannot be withheld based on executive instructions regarding NOCs due to unauthorized occupation of government land; such occupation must be addressed separately through the relevant eviction statutes.
Headnote:(A) Pensionary Benefits - Vested Right - Pension is not an incentive but a reward for past service and constitutes a valuable right vested in a Government employee, which cannot be denied without the authority of law as per Article 300A of the Constitution of India. (Para 8)
(B) Administrative Requirements - No Objection Certificate (NOC) - The requirement of obtaining an NOC for vigilance clearance is based on executive instructions and cannot be used as a ground to withhold pensionary benefits due to alleged unauthorized occupation of government land. (Para 8)
(C) Unauthorized Occupation of Public Premises - Eviction Procedure - If a government employee is in unauthorized occupation of public premises, the appropriate remedy for the state is to initiate proceedings under the Arunachal Pradesh Public Premises [Eviction of Unauthorised Occupants] Act, 2003, rather than withholding retirement benefits. (Para 9)
Issues: Whether the issuance of a No Objection Certificate (NOC) for the purpose of vigilance clearance and subsequent payment of pensionary benefits can be withheld on the ground of unauthorized occupation of government land.
| Table of Content |
|---|
| 1. facts regarding the petitioner's retirement and the withholding of the mandatory noc due to alleged unauthorized land occupation. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. pension as a vested right under art 300a and the necessity of following statutory eviction procedures for public premises. (Para 7 , 8 , 9 , 10) |
| 3. direction to issue noc and release pensionary benefits while reserving the state's right to initiate eviction proceedings. (Para 11 , 12 , 13) |
ORDER
Heard Mr. B. Padung, learned counsel for the petitioner and Ms. G. Ete, learned Additional Senior Government Advocate, Arunachal Pradesh for all the respondents.
2. The petitioner has stated that he was initially appointed as Work-Charged [Mason] Employee against a post created vide a Government Order dated 19.09.1991 in the Rural Works Department, West Kameng District, Bomdila, Arunachal Pradesh. The petitioner joined as Work Charged Mason on 20.05.1992. Subsequently on 29.01.1993, the service of the petitioner was regularized vide an Order of even date from the date of his joining the service. During his service tenure, the Rural Works Department got bifurcated into two departments, namely [i] Rural Works Department and [ii] Public Health Engineering and Water Supply [PHE & WS] Department. After bifurcation, as per his option, the service of the petitioner as Work Charged Mason was absorbed in the PHE & WS Department. After rendering service of above 34 years, the petitioner supposed to go on retirement on reaching the age of superannuation on and from 30.09.2025.
3. By an Order dated 02.04.2013 issued by the Department of Vigilance, Government of Arunachal Pradesh, a Vigilance Certificate to a Government employee for settling retirement dues and a No Objection Certificate [NOC] from the concerned Deputy Commissioner stating that the Government employee has not encroached upon any Government property are made compulsory. A Circular dated 14.02.2022 was issued by the Finance Department, Government of Arunachal Pradesh stating inter alia that the pension papers of a retiring Government employee were to be submitted not later than four months in advance of the date of retirement of the Government employee. As by the Order dated 02.04.2013, a No Objection Certificate [NOC] was required to be submitted and the petitioner was going to retire on and from 30.09.2025, the petitioner submitted an application for issuance of a No Objection Certificate [NOC] on 28.05.2025 and the same was duly forwarded to the jurisdictional Deputy Commissioner of West Kameng District, Bomdila for issuance of No Objection Certificate [NOC]. But despite submission of the application for the NOC, the same was not processed during the subsequent period. As the petitioner was to retire from service on reaching the age of superannuation on 30.09.2025, the petitioner had filed the present writ petition on 22.09.2025 seeking inter alia a direction to the respondent authorities to issue the NOC for the purpose of vigilance clearance so as to receive the pension and other retirement benefits due to the petitioner on his retirement on superannuation.
4. It is the case of the petitioner that when after submission of the application for NOC before the jurisdictional Deputy Commissioner, he went to enquire about the reasons for the delay, the petitioner was verbally informed that the NOC would not be issued to the petitioner for the purpose of vigilance clearance as the petitioner was allegedly in unauthorized occupation of a Government plot of land which would come under the purview of the provisions of the Arunachal Pradesh Public Premises [Eviction of Unauthorised Occupants] Act, 2003.
5. In this writ petition, the petitioner himself has fairly admitted that he is in occupation of a plot of land measuring 66 square metres at Medical Colony, Bomdila which is a Government land, since 2000. The petitioner has further mentioned that on the said Government plot of land, he has constructed
