Page No.# 1/4 GAHC010057072021 2025:GAU-AS:13174 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5080/2021 BINA TERONPI AND 4 ORS. W/O- LT. HEMARI PHANGSO @ LT. HEMARI PHANGCHO R/O- VILL- BORGAON P.O. BORGAON P.S. BAITHALANGSO DIST.- WEST KARBI ANGLONG ASSAM 2: SAR-IN PHANGCHO S/O- LT. HEMARI PHANGSO @ LT. HEMARI PHANGCHO R/O- VILL- BORGAON P.O. BORGAON P.S. BAITHALANGSO DIST.- WEST KARBI ANGLONG ASSAM 3: KARENG PHANGCHOPI D/O- LT. HEMARI PHANGSO @ LT. HEMARI PHANGCHO R/O- VILL- BORGAON P.O. BORGAON P.S. BAITHALANGSO DIST.- WEST KARBI ANGLONG ASSAM 4: GITA PHANGCHOPI D/O- LT. HEMARI PHANGSO @ LT. HEMARI PHANGCHO R/O- VILL- BORGAON P.O. BORGAON P.S. BAITHALANGSO DIST.- WEST KARBI ANGLONG ASSAM 5: BABU PHANGCHO S/O- LT. HEMARI PHANGSO @ LT. HEMARI PHANGCHO Page No.# 2/4 R/O- VILL- BORGAON P.O. BORGAON P.S. BAITHALANGSO DIST.- WEST KARBI ANGLONG ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS. REP. BY THE COMM. AND SECY. GOVT. OF ASSAM SOIL CONSERVATION DEPTT. DISPUR GHY-6 2:THE COMM. AND SECY. FINANCE DEPTT. DISPUR GHY-6 3:DIRECTOR OF SOIL CONSERVATION ASSAM BHUMI SANGRAKSHAN BHAWAN 1ST FLOOR R.G.BARUA ROAD GHY ASSAM- 781005 4:ASSAM PLANTATION CROPS DEVELOPMENT CORPORATION LTD. OPP. SARUSAJAI NATIONAL COMPLEX SAWKUCHI NATIONAL HIGHWAY-37 LAKHARA GHY-34 ASSAM REP. BY ITS MANAGING DIRECTOR 5:MANAGING DIRECTOR ASSAM PLANTATION CROPS DEVELOPMENT CORPORATION LTD. OPP. SARUSAJAI NATIONAL COMPLEX SAWKUCHI NATIONAL HIGHWAY-37 LAKHARA GHY-34 ASSAM ------------ Advocate for : MR. A BHATTACHARYYA Advocate for : SC SOIL CONSERVATION DEPTT. appearing for THE STATE OF ASSAM AND 4 ORS. Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 24.09.2025 Heard Mr. A. Bhattacharyya, learned counsel for the petitioner. Also heard Mr. P. Hazarika, learned counsel appearing on behalf of respondent nos. 1, 3, 4 & 5; and Mr. P. Nayak, learned Standing Counsel, Finance Department for the respondent no. 2. 2. This instant case has been filed by the petitioner under Article 226 of the Constitution of India praying for a direction to the respondent authorities to make payment of retirement benefits to the petitioner including the Gratuity and Leave Encashment benefits with interest. The petitioner in the instant writ petition after serving the respondent corporation for about 33 (thirty-three) years, retired on 20.02.2017. Subsequently, the claimant expired. However, till date, his retirement benefits, i.e., Gratuity and Leave Encashment benefits are yet to be paid. 3. It is seen that during the pendency of the writ petition, the respondent department by way of an additional affidavit brought to the notice of this Court that vide a State Cabinet decision dated 27.08.2025, the State Cabinet has given the approval for closure of the respondent corporation. It has been stated in the affidavit that the amounts of retirement benefits of the petitioner along with some other petitioners shall be included in the Closure Cost of the corporation which the Hon’ble Cabinet has approved. It is also seen from the extract of the minutes of the Cabinet meeting held on 27.08.2025 at 3-30 pm in the Cabinet Room of Chief Minister’s Office, Dispur that financial sanction for an amount of Rs. 600,00,000/- (VRS amount Rs. 243,37,000/- + Closure Cost Rs. 356,24,000/-) has been given by the Cabinet. 4. In view of the aforesaid affidavit filed by the respondents, the petitioner has agreed to approach the respondent department for the retirement benefits he is seeking under the instant writ petition. Page No.# 4/4 5. In view of aforesaid facts that have been brought on record, this Court is of the considered opinion that there is no purpose of keeping this writ petition alive in this Court and, therefore, this Court directs the petitioner to submit his claim before the respondent department at the earliest so that the department may consider releasing his retirement benefits as soon as possible. 6. The petitioner shall submit a copy of this Order to the department as early as possible and accordingly, the department will decide on such claim. 7. Accordingly, this writ petition is disposed of with the aforesaid directions. JUDGE Comparing Assistant