Partha Sarathi Paul, S/o - Late Chittaranjan Paul vs State Of Assam Rep. By The Principal Secretary To The Govt Of Assam, Health And Family Welfare Deptt.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Gau) 999

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SOUMITRA SAIKIA
Partha Sarathi Paul, S/o - Late Chittaranjan Paul – Appellant
Versus
State Of Assam Rep. By The Principal Secretary To The Govt Of Assam, Health And Family Welfare Deptt. – Respondent

Advocates Appeared:
For the Petitioner: Md. M U Ahmed, Mr U Das, Mr. C S Hazarika
For the Respondent: Mr. C. Boruah Standing Counsel, AG Mr. D. Upamanyu Standing Counsel, Health

Table of Content
1. factual overview of transfer disputes and resulting service gaps. (Para 1 , 2 , 3 , 4)
2. prior litigation history and administrative processing of pension files. (Para 5 , 6 , 7 , 9)
3. absence of petitioner's default in service gaps and duties. (Para 8 , 10 , 11 , 12 , 13)
4. application of pension rules and office memorandums for timely settlement. (Para 14 , 15 , 16 , 17 , 18)
5. mandatory directive for administrative resolution of pension entitlements. (Para 19 , 20 , 21 , 22)

JUDGMENT :

SOUMITRA SAIKIA, J.

Heard Md. M. U. Ahmed, learned counsel for the petitioner; also heard Mr. C. Boruah, learned Standing Counsel, AG, Mr. D. Upamanyu, learned Standing Counsel, Health Department.

2. The petitioner before this court is praying for a writ of mandamus, directing the respondents to regularize the service period of the petitioner, for a period from 07.03.2002 to 26.11.2007, and as to whether the consequential orders or directions should not be issued to the respondents. The release of the final pension of the petitioner as well as other terminal benefits including GPF, GIS, leave encashment certificate in view of unutilized earned leave, along with any unpaid pay or all

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2026 Supreme(Gau) 999

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)SOUMITRA SAIKIAPartha Sarathi Paul, S/o - Late Chittaranjan Paul – AppellantVersusState Of Assam Rep. By The Principal Secretary To The Govt Of Assam, Health And Family Welfare Deptt. – Respondent

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SOUMITRA SAIKIA
Partha Sarathi Paul, S/o - Late Chittaranjan Paul – Appellant
Versus
State Of Assam Rep. By The Principal Secretary To The Govt Of Assam, Health And Family Welfare Deptt. – Respondent