Page No.# 1/4 GAHC010063632021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2536/2021 KING SANGMA AND 3 ORS S/O- LT. SINGBART MOMIN, R/O- VILL- BAKRAPUR, P.O. DUDHNOI, DIST.- GOALPARA, ASSAM, PIN- 783124 2: GEORGE MARAK S/O- CHENGBEN SIRA R/O- VILL- CHENGADING P.O. KACHADAL P.S. DUDHNOI DIST.- GOALPARA PIN- 783124 ASSAM 3: KHELIFORD MOMIN S/O- LT. KHARGESWAR SANGMA R/O- VILL- CHENGADING P.O. DARANGGIRI P.S. RONGJULI DIST.- GOALPARA PIN- 783134 ASSAM 4: LOBART SANGMA S/O- LT. TULARAM MOMIN R/O- VILL- BANGALPARA P.O. DARANGGIRI DIST.- GOALPARA PIN- 783134 ASSA VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, PENSION AND Page No.# 2/4 PUBLIC GRIEVANCE DEPTT., DISPUR, GHY-6 2:THE SECRETARY (E) TO THE GOVT. OF ASSAM IRRIGATION DEPTT. ESTABLISHMENT BRANCH DISPUR GHY-6 3:THE EXECUTIVE ENGINEER DUDHOI DIVISION (IRRIGATION) DUDHNOI P.O. DUDHNOI DIST.- GOALPARA ASSAM PIN- 783101 4:THE CHIEF ENGINEER IRRIGATION ASSAM GHY-3 P.O. DUDHNOI DIST.- GOALPARA ASSAM PIN- 783101 5:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX (NEW BUILDING) DISPUR GHY-06 6:THE COMM. AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY-6 7:THE ACCOUNTANT GENERAL (A AND E) ASSAM MOIDAMGAON BELTOLA GHY-2 Advocate for the Petitioner : MR. M A SHEIKH, MR M H CHOUDHURY,K U AHMED,MS F INTAZ Advocate for the Respondent : GA, ASSAM, SC, FINANCE,SC, IRRIGATION,SC, AG Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 27.05.2026 Heard Ms. F Intaz, Learned Counsel for the Petitioners. Also heard Mr. R K Talukdar, Learned Government Counsel appearing for Respondent No. 1 & 5, Mr. N Upadhyay, Learned Standing Counsel, Department of Irrigation, Assam, appearing for Respondent No. 2, 3 & 4 and Mr. R Boro, Learned Standing Counsel, AG, Assam, appearing for the Respondent No. 7. The Learned Counsel for the Petitioners, at the outset, has submitted that the Petitioners have received the reliefs, prayed for in the present Writ Petition and their pensionary benefits have been authorized to them. This Court, while perusing the materials brought on record, finds that the service qualifying for pension of each of the Petitioners, was reduced by the Respondent authorities by 6 (Six) years. Accordingly, the pension and pensionary benefits of the Petitioners were so considered by reducing their gross qualifying service by 6 (Six) years. The said deduction is not permissible in pursuance to the decision of a Coordinate Bench of this Court in the case of Sanjita Roy Vs. State of Assam & Ors. reported in 2019 (2) GLT 805. Accordingly, the Petitioners are granted liberty to approach the Respondent authorities, with a prayer for re-computation of their qualifying services, by including the deducted 6 (Six) years of service. In the event any such representation is preferred by the Petitioners or any of them, the Respondent authorities shall consider the same, in accordance with the directions passed by this Court in the case of Page No.# 4/4 Sanjita Roy (Supra) and re-compute the qualifying service of the Petitioners, by including, therein, the 6 (Six) years, which was deducted, while authorizing to the Petitioners, their pension and pensionary benefits. On re-computation of the qualifying service of the Petitioners, as above, in the event there would occasion a revision of the pension and pensionary benefits received by the Petitioners, the Respondents, on revision of the pension and pensionary benefits, shall release to the Petitioners, the arrears, working out, thereon, within a period of 3 (Three) months, from the date they submit a representation, along with a certified copy of this order, before the Respondents. With the above observations and directions, the present Writ Petition stands dismissed. JUDGE Comparing Assistant