KANAM TERANGPI AND 2 ORS. v. THE STATE OF ASSAM AND 4 ORS.
WP(C)/3596/2021 · 2025-09-23
Anjan Moni Kalita
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 11140 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11140 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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)/3596/2021 KANAM TERANGPI AND 2 ORS. D/O LATE RANJIT TERANG RESIDENT OF VILLAGE SARTHE TISSO
PO KAT TERON PS RONGMONGVE DIST KARBI ANGLONG ASSAM 2: SMTI KADOM SINGNARPI DAUGHTER IN LAW OF LATE RANJIT TERANG RESIDENT OF VILLAGE SARTHE TISSO
PO KAT TERON PS RONGMONGVE DIST KARBI ANGLONG ASSAM 3: SRI MUKRANG TERANG GRAND SON OF LATE RANJIT TERANG RESIDENT OF VILLAGE SARTHE TISSO
PO KAT TERON PS RONGMONGVE DIST KARBI ANGLONG ASSAM THE PETITIONER BEING MINOR IS REPRESENTED BY HER MOTHER PET. NO. 02 VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISIONER AND SECRETARYTO THE GOVT. OF ASSAM
Page No.# 2/4 SOILCONSERVATION DEPARTMENT DISPUR GUWAHATI 06 2:THE COMMISSIONER AND SECRETARY FINANCE DEPARTMENT DISPUR GUWAHATI 06 3:DIRECTOR OF SOIL CONSERVATION ASSAM BHUMI SANGRAKSHAN BHAWAN FIRST FLOOR R.G BARUA ROAD GUWAHATI 781005 4:ASSAM PLANTATION CROPS DEVELOPMENT CORPORATION LTD OPP. SARUSAJAI NATIONAL COMPLEX SAWKUCHI NATIONAL HIGHWAY 37 LAKHARA GUWAHATI 781034 ASSAM REPRESENTED BY ITS MANAGING DIRECTOR 5:THE MANAGING DIRECTOR ASSAM PLANTATION CROPS DEVELOPMENT CORPORATION LIMITED OPP. SARUSAJAI NATIONAL COMPLEX SAWKUCHI NATIONAL HIGHWAY 37 LAKHARA GUWAHATI 781034 ASSAM ------------ Advocate for : MR. A BHATTACHARYYA Advocate for : SC SOIL CONSERVATION DEPTT. appearing for THE STATE OF ASSAM AND 4 ORS. 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.
Page No.# 3/4 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 claimant in the instant writ petition after serving the respondent corporation for about 33 (thirty-three) years, expired on 12.10.2014 while serving as a Field Supervisor in the respondent Corporation. 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. 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. Page No.# 4/4
7. Accordingly, this writ petition is disposed of with the aforesaid directions. JUDGE Comparing Assistant