Page No.# 1/8 GAHC010041252017 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5834/2017 JAI PRAKASH SARMA S/O- LATE NAND KISHORE SHASTRI, R/O- FLAT NO.3, ROYAL APARTMENT, 4TH FLOOR, HARBALA ROAD, ULUBARI, P.S- PALTAN BAZAR, DIST- KAMRUPM, ASSAM VERSUS THE NEW INDIA ASSURANCE CO. LTD. and 4 ORS. REP. BY ITS CHAIRMAN-CUM MD, HEAD OFFICE- NEW INDIA ASSURANCE BUILDING, 87, MAHATMA GANDHI ROAD, FORT, MUMBAI 2:THE GENERAL MANAGER NEW INDIA ASSURANCE COMPANY LTD. HEAD OFFICE- NEW INDIA ASSURANCE BUILDING 87 MG ROAD FORT MUMBAI 3:THE DEPUTY GENERAL MANAGER NEW INDIA ASSURANCE COMPANY LTD. HEAD OFFICE- NEW INDIA ASSURANCE BUILDING 87 MG ROAD FORT MUMBAI 4:THE CHIEF REGIONAL MANAGER NEW INDIA ASSURANCE COMPANY LIMITED NORTH EASTERN REGIONAL OFFICE G S ROAD BHANGAGARH GHY-5 Page No.# 2/8 5:THE REGIONAL MANAGER NORTH EAST REGIONAL OFFICE NEW INDIA ASSURANCE COMPANY LIMITED G S ROAD BHANGAGARH GHY- 0 Advocate for the Petitioner : MR.A K AZAD, MS. B SAIKIA,MR N K SARMA,MR. M P SARMA,MR H K DAS,MR. U K NAIR,MR A KALITA,MS. N SHYAMAL,MR.A U AHMED,MRK UDDIN,MR.N HAQUE,DR.B AHMED Advocate for the Respondent : MR. S DUTTA, SR.ADV.R, C SHARMA,R,MS. N MODI,R,S DUTTA,R,R A HAZARIKA BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 19.05 .2026 Heard Mr. G.R. Dev, learned counsel for the petitioner. Also heard Mr. R. Borpujari, learned Standing Counsel, Finance Department; Mr. R.K. Talukdar, learned Standing Counsel, Accountant General (A&E); and Mr. N. Upadhayay, learned Standing Counsel, Irrigation Department. 2. The writ petitioner was engaged as a Muster Roll Worker in the year 1977 under the Executive Engineer, Irrigation Department (Mechanical Division), Kanakpur, Silchar. He had worked in that capacity till 1998, thereafter, he was appointed as a Helper on officiating basis. According to the petitioner, he served for a period of more than 20 years uninterruptedly. However, his services were not taken up for consideration for regularization. He had approached this Court by filing WP(C) No. 4276/2000, where the writ petition came to be disposed of by an order dated 13.08.2002 directing the respondents to consider the case of the petitioner for regularization of his services and give the service benefits in Page No.# 3/8 terms of the relevant circulars. Thereafter, the petitioner claims to have been appointed on a regular vacant post as an Office Peon in the same establishment by an order No. 51 of 2005-06 dated 08.08.2005 issued by the Executive Engineer, Silchar Mechanical Division (Irrigation), Kanakpur, Silchar. It was mentioned in the said order that Government Servants joining the service of the State Government on or after 1st of February, 2005, shall not be Governed by the existing Assam Services (Pension) Rules, 1969. 3. It is submitted by the learned counsel for the petitioner that the DDO stopped deducting the GPF contribution from the monthly salary of the petitioner. The petitioner submitted representation before the Chief Engineer, Irrigation Department appraising the position of his service status and his service conditions and benefits should be covered under the Government OM No. PPG(P)/88/2009/2, dated 20.05.2009 and OM No. PPG(P)/88/2009/44, dated 18.03.2010 to give him all the service benefits under the Assam Services (Pension) Rules, 1969. Since, in spite of the representation filed, there was no response from the department the petitioner approached this Court by filing WP(C) No. 7636 of 2016 and the said writ petition stood disposed of by order dated 25.04.2017 granting liberty to the petitioner to file afresh representation before the respondent No.1 namely the Commissioner & Secretary, Government of Assam, Irrigation Department and a further direction to the respondent to consider the same on merit and dispose of the matter within a period of 6 (six). 4. Indifference to the said direction, the writ petitioner filed the representation dated 08.08.2017 to the respondent No.1 but there was no response. Being aggrieved the present writ petition has been filed. The notice in Page No.# 4/8 the matter was issued on 30.11.2018. Thereafter, several opportunities were granted to the respondents but no response was forthcoming from any of the respondents. The matter stood referred to mediation by order dated 26.08.2025. Thereafter, the matter was referred back to the Court. None of the parties perhaps brought to the notice of the Court that there was a settlement arrived at in the mediation as per the mediation report submitted by the Mediator, Gauhati High Court Mediation Centre dated 04.11.2025. 5. By the said mediation report, the matter was settled between the parties and the respondents had assured for release of the accumulated NPS pension at the earliest enabling the petitioner to meet with legitimate financial benefits that he is entitled to. 6. The mediation report on settlement is extracted below. “DISTRICT: HOJAI BEFORE MS RITAMANI GOSWAMI, ADVOCATE MEDIATOR GAUHATI HIGH COURT MEDIATION CENTRE (PRINCIPAL SEAT), GUWAHATI MEDIATION CASE NO.202/2025 Ref. W.P.(C) 8190/2018 Shri Lakai Mia Barbhuiya ……..Petitioner -Versus- State of Assam & Ors. ………Respondents The case was taken up for Mediation on dated 10/09/25, 18/9/25, 19/9/25, 10/10/25, 22/10/25, 27/10/25, 30/10/25, 4/11/25 REPORT OF SETTLEMENT This Deed of settlement is made on this 04th day of November, 2025 in the Gauhati High Court Mediation Centre, Kamrup (M), at Guwahati, between Shri Lakai Mia Barbhuiya …….Petitioner -Versus- Page No.# 5/8 State of Assam & Ors ………Respondents Whereas, both the parties have appeared and complied with the mediation procedure. -AND- Whereas, the Office of the Executive Engineer, Borjtrapur, Borkhola, Katigorah Division the respondent No. 5 as well the Chief Engineer, Irrigation Department, Assam, Chandmari, the Respondents Nos. 2 and 3 have appeared and intended to solve the dispute amicably. -AND- Whereas, the Respondents have thereby agreed to do needful enabling the Petitioner to receive the retirement benefits whatsoever entitles and agreed to put down in writing so as to form a part of this Deed of Settlement. The terms as follows:- 1. That, the parties have voluntarily agreed to settle the disputes whatsoever in the instant Writ Petition between the parties. 2. That, the Petitioner stated that, he was appointed in the establishment of the Executive Engineer, Irrigation Department (Mechanical Division), Kanakpur, Silchar as Master Roll Worker in the year 1977 and thereby regularized in the year 2005 as office peon and retired without any interruption/ break from his service on 30.04.2019. 3. That, attending mediation drive, the Respondents thereby submitted the corresponding letters dated 07.07.2025, 18.09.2025 and 13.10.2025 upholding the effort made by the concerned department. 4. That, the Executive Engineer, Borkhola Katigorah Division (Irrigation), vide its letter No. BKDI/PF/276/2025/318 dated 07.07.2025 had communicated the Director, Accounts & Treasuries, Assam, the proposal for transfer and deposit of full amount from NPS account vide No. 110081245050 to the GPF account vide No. MSC / 17432 for making final payment from the O/o Accountant General (A & E), Assam, Beltola i.e. Respondent No. 7 (copy enclosed). 5. That the Director of Accountant & Treasuries subsequently reach out the Executive Engineer, Borkhola, Katigorah Division (Irrigation) vide its letter No. E/File 696829/2025 dated 18.09.2025 and had stated that, to facilitate for release of accumulated NPS fund in respect of the Petitioner formal proposal form concerned DDO and Treasury Office is yet to be received. However, to release the dues amount of GPF, it was proposed to take necessary action for quick release. 6. That, the Executive Engineer, Borkhola, Katigorah Division (Irrigation) thereby communicated the office of the Accountant General (A & E), Assam, Maidamgaon, Beltola submitting the proposal for final payment of G.P.F. balances in favour of the Petitioner vide its letter No. BKDI/PF/276/2005/586 dated 13.10.2025 (copy enclosed) and thereby appealed for early disposal of the matter. Responding to letter No. BKDI/PF/276/2005/586 dated Page No.# 6/8 13/10/2025 the Account General (A & E), Beltola, Assam, had communicated the Executive Engineer, Barkhola, Katigorah Division vide letter No. PF-10/FW/SA/MSC-17432/2025- 2026/28069 dated 04.11.2025 for final withdrawal of the GPF amount of Rs. 33,130/- (Rupees thirty three thousand one hundred thirty in favour of the Petitioner. Accordingly committed with the assurance made in mediation drive. (copy enclosed). 7. That, Respondents in mediation drive co-operated and also assured to release the accumulated NPS fund at earliest enabling the Petitioner to meet with legitimate financial benefits that he entitled for. Accordingly both the parties have settled the matter resolving the conflict arisen thereby. Signature of the Petitioner Signature of the Respondents Signature of Advocate Signature of Advocate (RITAMANI GOSWAMI) Mediator Hon’ble Gauhati High Court Mediation Centre” 7. In terms of the settlement arrived at, a final GPF amount of Rs.33,130/- (Rupees thirty three thousand one hundred thirty) was stated to be payable to the petitioner. 8. The accumulated NPS fund in respect of the petitioner has not been released as the formal proposal from the concerned DDO and Treasury Officer has not been received. 9. Today when the matter is called up the learned counsel for the petitioner has placed before the Court communication from the Treasury Officer, Silchar to the Director, Director of Accounts and Treasuries, Assam that the proposal for drawing up the NPS contributional amount from Tier I account due to exit from NPS due to superannuation in respect of the writ petitioner has been forwarded. Page No.# 7/8 His total value of holdings as on 4th of September, 2025 is Rs.8,42,195.30/- with total contribution to his account on 4th of September, 2025 is Rs.3,62,056/- and total gain is Rs.4,80,139.30/-. 10. The learned Standing Counsel, Finance Department, Mr. R. Borpujari also submits that there is no dispute that the amount contributed by the petitioner is required to be withdrawn and released. 11. Mr. R.K. Talukdar, learned Standing Counsel, Accountant General (A&E) has placed before the Court a communication issued by the Senior Accounts Officer to the Executive Engineer, Borkhola, Katigorah Division (Irrigation) regarding the GPF account relating to the petitioner. 12. It is further submitted by the learned counsel for the petitioner that the petitioner is drawing his pension under the Old Pension Scheme. The only grievance before this Court is that the revision of the amount contributed by the petitioner earlier under the NPS. 13. Having considered the submissions made and in view of the statement made by the learned counsel for the petitioner that he is receiving pension under the Old Pension Scheme, although no materials are placed before the Court, the respondent No.2 Chief Engineer, Irrigation Department will put up the necessary proposals towards refund of the contribution made by the petitioner under the NPS. Once the proposal is made within 03(three) weeks from the date of receipt of a certified copy of this order, the Finance Department will pass necessary orders within 30(thirty) days thereafter. Page No.# 8/8 14. This writ petition stands disposed of in terms of the above. JUDGE Comparing Assistant