Page No.# 1/4 GAHC010243192023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6545/2023 ON THE DEATH OF DR. PAWAN SWARNAKAR, HIS LEGAL HEIRS 1A. SMTI RIMZIM SWARNAKAR, RESIDENT OF T.R. PHUKAN ROAD, CHIRING CHAPORI, P.O. AND P.S.- DIBRUGARH, DISTRICT- DIBRUGARH, ASSAM. 2: 1B. SMTI MONMI SWARNAKAR RESIDENT OF T.R. PHUKAN ROAD CHIRING CHAPORI P.O. AND P.S.- DIBRUGARH DISTRICT- DIBRUGARH ASSAM. 3: 1C. SMTI MONI KANKANA SWARNAKAR RESIDENT OF T.R. PHUKAN ROAD CHIRING CHAPORI P.O. AND P.S.- DIBRUGARH DISTRICT- DIBRUGARH ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HEALTH DEPARTMENT, CAPITAL COMPLEX, DISPUR, GUWAHATI, ASSAM. 2:THE DIRECTOR HEALTH SERVICES GOVT. OF ASSAM Page No.# 2/4 HENGRABARI DISPUR GUWAHATI ASSAM. 3:THE JOINT DIRECTOR OF HEALTH SERVICES DIBRUGARH P.O. AND P.S.- DIBRUGARH DISTRICT- DIBRUGARH ASSAM. 4:THE ACCOUNTANT GENERAL GOVT. OF ASSAM MOIDAM GAON BELTOLA GUWAHATI P.O. AND P.S.- BELTOLA DISTRICT- KAMRUP(METRO) ASSAM. 5:DIRECTOR OF HEALTH SERVICES (FAMILY WELFARE) GOVT. OF ASSM LICHUBAGAN HENGERABARI GUWAHATI ASSAM-781005 Advocate for the Petitioner : MD. A SAHAD, MR. M H ALI Advocate for the Respondent : SC, HEALTH, MR R DHAR,SC, AG BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 18.05.2026 Heard Ms. Pompa Choudhury, learned counsel for the petitioner and Mr. J. Goswami, learned counsel appearing for the Department Health, Govt. of Page No.# 3/4 Assam, i.e. respondent Nos. 1, 2 and 3. Also heard Mr. R.K. Talukdar, learned Standing Counsel for the respondent No. 4. 2. The learned counsel have submitted in unison that the matter has been settled in the mediation held on 21.01.2026. The terms and conditions of the settlement arrived at is available at the mediator’s report which is reproduced herein for ease of reference. “Since the criminal cases lodged against the original petitioner Dr. Pawan Swarnakar was ended with final report and he already died on 08-02-2025 the case has been settled on the following terms: (i) The respondent Health Department will now finalized the pension of the petitioner reckoning the date from 30-09-2015 (date of retirement) to 28-02-2025 (as he died on 08-02-2025) and pay all service benefit as entitled to as per law (ii) The petitioner since was paying with provisional pension with effect from his date of retirement, after calculating the regular pension if it is found that the petitioner is entitled more amount, in that case deducting the amount already paid as provisional pension the surplus amount will be paid by the Department (iii) The surplus amount of pension (if any) and the other retirement benefits will be paid to the substituted petitioners (daughters) on equal proportion within the current financial year i.e. 31-03-2026.” Page No.# 4/4 3. Since the matter has been settled in its mediation, this Court closes the writ petition on the terms and conditions of the settlement arrived at between the parties and the respondents shall comply with the settlement within a period of 6 (six) months from today. 4. The Writ Petition is accordingly closed. JUDGE Comparing Assistant