Page No.# 1/4 GAHC010084262021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3837/2021 ANIL KUMAR BARMAN S/O LATE UMESH CH. BARMAN RESIDENT OF HOUSE NO. 06,LAKHIMINAGAR, ARUNABH PATH, HATIGAON, GUWAHATI 38, KAMRUPM ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, IRRIGATION DEPARTMENT, DISPUR GUWAHATI 781006 2:THE SECRETARY TO THE GOVT. OF ASSAM IRRIGATION DEPARTMENT DISPUR GUWAHATI ASSAM 781006 3:THE CHIEF ENGINEER IRRIGATION DEPARTMENT ASSAM CHANDMARI GUWAHATI 781003 4:THE EXECUTIVE ENGINEER GUWAHATI WEST DIVISION IRRIGATION ULUBARI GUWAHATI 781008 5:THE ACCOUNTANT GENERAL Page No.# 2/4 MAIDAMGAON BELTOLA GUWAHATI 78102 Advocate for the Petitioner : MR H R A CHOUDHURY, MS. N DUTTA,MR. R. ALI,MR. K I MAZUMDER,MR J ABEDIN Advocate for the Respondent : SC, IRRIGATION, SC, AG BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 28.07.2026 Heard Mr. J Abedin, Learned Counsel for the Petitioner. Also heard Mr. N Upadhyay, Learned Standing Counsel, Dept. of Irrigation, Assam and Mr. A Baruah, Learned Standing Counsel, Accountant General, Assam. 2. The Petitioner, in the present Writ Petition, has prayed for a direction upon the Respondent authorities, to authorize to him his pension and other pensionary benefits, w.e.f the date of his retirement, on reaching the age of superannuation, i.e. w.e.f 31.07.2020. The Petitioner has further prayed for a direction upon the Respondent authorities, to promote him to the next higher post of Assistant Executive Engineer, with a further direction that the salaries of the Petitioner, in arrears, be released to him. 3. From the materials brought on record, it was revealed that a departmental proceeding was instituted against the Petitioner on 10.12.2012. The said proceeding is found to have remained pending on the date of his superannuation, i.e. on 31.07.2020. Accordingly, the Petitioner, Page No.# 3/4 in view of the provisions of Rule 22 of the Assam Services (Pension) Rules, 1969, would not be entitled to a regular pension and DCRG and would, during the pendency of the said proceedings, be entitled to a provisional pension and pensionary benefits, other than the DCRG. 4. Mr. N Upadhyay, Learned Standing Counsel, Dept. of Irrigation, Assam, today, has placed on record, a notification dated 07.05.2026, by which, on conclusion of the departmental proceedings, instituted against the Petitioner, a penalty of withholding of 50% of DCRG and 50% permanent withholding of pension, was issued by the competent authority, invoking the provisions of Rule 21A and Rule 106B of the Assam Services (Pension) Rules, 1969. 5. Mr. J Abedin, Learned Counsel for the Petitioner, has submitted that although the notification was shown to have been issued on 07.05.2026, it was served upon the Petitioner only today. Accordingly, he prays that the Petitioner to be permitted to assail the same, in a manner known to law. 6. In view of the notification dated 07.05.2026, being so issued, the Petitioner, herein, would now be entitled to be authorized his final pension and pensionary benefits, after accounting for the penalty so imposed upon him, vide notification dated 07.05.2026. Accordingly, it is directed that the Respondent authorities, shall now prepare a proposal for authorizing to the Petitioner, his pension and pensionary benefits, after Page No.# 4/4 accounting for the penalty imposed upon him, vide the notification dated 07.05.2026 and submit the same before the Office of the Accountant General, Assam, within the period of 1 (One) month from today. The Accountant General, Assam, shall, thereafter, process the same further within a period of 1 (One) month, from the date of receipt of such proposal, disburse to the Petitioner, his pension and pensionary benefits, as determined. 7. The Petitioner is granted liberty to assail the order dated 07.05.2026, by way of instituting appropriate proceeding. The pension and pensionary benefits, that would now be authorized to the Petitioner, would be subject to the outcome of the proceedings, instituted by the Petitioner, assailing the notification dated 07.05.2026. 8. With the above observations and directions, the present Writ Petition stands disposed of. JUDGE Comparing Assistant