Page No.# 1/11 GAHC010132362017 2025:GAU-AS:5341 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3637/2017 SMT. RENUKA THAKURIA W/O. SRI PROBHAT CHANDRA BARMAN, R/O. RUKMININAGAR, P.O. DISPUR, GUWAHATI, DIST. KAMRUP, ASSAM. VERSUS THE STATE OF ASSAM and 3 ORS. REP. BY THE COMM. and SECY., GOVT. OF ASSAM, HANDLOOM and TEXTILE DEPTT., DISPUR, GUWAHATI. 2:THE COMM. and SECY. OF FINANCE DEPTT. DISPUR GUWAHATI. 3:ASSAM KHADI and VILLAGE INDUSTRIES BOARD REP. THE CHIEF EXECUTIVE OFFICER CHANDMARI GUWAHATI-3. 4:THE CHIEF EXECUTIVE OFFICER ASSAM KHADI and VILL. INDUSTRIES BOARD CHANDMARI GUWAHATI-3 Advocate for the Petitioner : MS.P BHATTACHARYA, MR.D MAHANTA Advocate for the Respondent : GA, ASSAM, MR. R. DHAR,SC, HANDLOOM AND TEXTILE,SC, KHADI & VILLAGE INDUSTRIES BOARD,MR.J K PARAJULI,SC, FINANCE Page No.# 2/11 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 01.05.2025 Heard Ms. P. Bhattacharya, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned Standing Counsel, Handloom Textiles & Sericulture Department, Mr. P.K. Munir, learned Standing Counsel, Khadi & Village Industries Board and Mr. P. Nayak, learned Standing Counsel, Finance Department. 2. By way of this petition under Article 226 of the Constitution of India, the petitioner is seeking her retirement benefits in full, which has not been allegedly released till date. 3. It appears from the Order dated 02.04.2025, passed earlier by this Court that the learned Standing Counsel representing the Assam Khadi & Village Industries Board submitted that a total amount of Rs. 18,19,169/- has been calculated to be payable as retirement benefit to the petitioner in terms of the communication dated 02.04.2024 and a supplementary demand proposal was going to be placed before the appropriate Department of the Government by the Board for sanction of the said amount. It appears that the amount calculated has not been paid till date. 4. It further appears that the respondent No. 1 (Commissioner and Secretary, Handloom and Textile Department) has filed an affidavit on 01.06.2024, wherein at paragraph No. 9 of the affidavit, it has been stated that the last supplementary demand was placed in the State Legislative Assembly on Page No.# 3/11 05.02.2024 and General Budget for the Financial Year 2024-25 on 12.02.2024. It further appears from the aforesaid affidavit that it is stated that any supplementary demand will be possible in the coming monsoon session of the State Legislative Assembly due in the month of July or August, 2024. 5. Apt to refer to the relevant portion of the said Order dated 02.04.2025 for ready reference:- “Parties are represented by their respective counsels. It is the case of the petitioner that she has not received her retirement benefits in full till date, which has prompted her to file the instant writ petition. On 03.04.2024, a submission was made by the learned Standing Counsel, Assam Khadi & Village Industries Board that a total amount of Rs. 18,19,169/- has been calculated to be payable as retirement benefit to the petitioner in terms of the communication dated 02.04.2024 and a supplementary demand proposal was going to be placed before the appropriate department of the Government by the Board for sanction of the said amount. However, as per the learned counsel for the petitioner, the amount calculated has not been paid till date. The respondent No. 1 has filed an affidavit on 01.06.2024 wherein, at paragraph No. 9 of the said affidavit, it has been stated that the last supplementary demand was placed in the State Legislative Assembly on 05.02.2024 and General Budget for Financial Year 2024 – 2025 on 12.02.2024. Any supplementary demand will be possible in the coming Monsoon Session of the Assembly due in the month of July or August, 2024. Mr. R. Dhar, learned counsel appearing for the respondent No. 1 submits that the Assam Khadi & Village Industries Board receives Grants-in- Aid from the State Government and how they utilize the said fund is entirely up to them. He submits that the Handloom and Textile Department has no responsibility in granting fund towards the retirement benefits of the employees of the Board. Page No.# 4/11 On the other hand, the learned counsel for the Board (respondent Nos. 3 & 4) submits that the Board is entirely dependent upon the fund received from the State Government and unless the fund is received, payment of the retirement benefits to the petitioner will not be possible. In view of the above submission, the learned counsel appearing for the respondent Nos. 3 & 4 shall obtain instructions as to how much Grant- in-Aid has been received by the Board during the Financial year 2024 – 2025 and Mr. R. Dhar, learned counsel for the respondent No. 1 hall also obtain instructions as to what had happened to the supplementary demand which was to be laid in the Monsoon Session of the State Assembly scheduled to be held in the month of July/August, 2024. To enable the learned counsels obtain their respective instructions, two (2) weeks time is granted. List this matter again on 25.04.2025.” 6. Reading of the aforesaid order, it appears that in view of the submissions made by the respective counsels appearing for the parties, the learned counsel for the respondent Nos. 3 & 4 was directed to obtain instructions as to how much Grant-in-Aid has been received by the Board during the Financial Year 2024-2025 and the learned counsel for the respondent No. 1 was also directed to obtain instructions as to what had happened to the supplementary demand which was to be laid in the Monsoon Session of the State Assembly scheduled to be held in the month of July/August, 2024. 7. Thereafter, the matter came up before this Court on 25.04.2025, wherein Mr. P.K. Munir, learned counsel for the respondent Nos. 3 & 4 by placing an instruction dated 23.04.2025 which was kept on record and marked as ‘X’ submitted that a sum of Rs. 10,00,70,000.00/- has been received from the State Government as GIA (Salary) under General Areas during 2024-2025 and a sum of Rs. 10,00,70,000.00/- was utilized during the aforesaid period. However, Mr. Page No.# 5/11 R. Dhar, learned Standing Counsel, Handloom Textiles & Sericulture Department submitted that he is still awaiting to obtain instruction as per earlier Order dated 02.04.2025. Accordingly, the matter was directed to be posted today. 8. Today, when the matter has been called, Mr. R. Dhar, learned Standing Counsel, Handloom Textiles & Sericulture Department submits a correspondence dated 25.04.2025 to indicate that the Grands-in-Aid received by Assam Khadi & Village Industries Board during the Financial Year 2024-25 is totallying to Rs. 12,17,87,138/-. He further submits that funds are not granted against the individual but as a whole and the claim of the petitioner is included in the funds which has been already granted and it is the obligation of the Board to release the dues to their employees. He further submits that it is not the obligation or responsibility of the Handloom Textiles & Sericulture Department to release funds to individual employees of the Board. 9. Apt to reproduce the said correspondence dated 25.04.2025, which is kept on record and marked as ‘Y’ for ready reference:- “No. HTS.34/2024/13 Dated Dispur, the 25th April, 2025. From : Shri Dilip Kumar Borah, IAS Secretary to the Govt. of Assam Handloom Textiles & Sericulture Department. To : Sri Rahul Dhar, Addl. Sr. Govt. Advocate Assam, & Standing Counsel, Handloom Textiles & Sericulture Department Gauhati High Court, Guwahati. Sub : Regarding W.P.(C) 3637/2017, Smt. Renuka Thakuria-Vs-State of Assam & 3 Ors. Page No.# 6/11 Sir, With reference to the subject cited above, I would like to furnish the following information in respect of Hon'ble Gauhati High Court's Order dated 02.04.2025 passed in W.P.(C) 3637/2017, Smt Renuka Thakuria-Vs-State of Assam & 3 Ors. 1. Grants-in-Aid received by the Assam Khadi & Village Industries Board during the Financial year 2024-25 is as follows: Sl.No. Areas Sanctioned Amount 1 General Areas Rs. 10,00,70,000/- 2 North Cachar (Dima Hasao) Rs. 45,26,808/- 3 Karbi-Anglong Rs. 98,88,738/- 4 BTAD Rs. 73,01,592/- Total Rs. 12,17,87,138/- 1. The regular Grants-in-Aid budget has already been released to the AKVIB as stated above for the financial year 2024-25. AKVIB may perhaps take steps to pay the retirement dues to the petitioner from the available Board's funds. It is also mentioned here that no formal proposal has been received during the financial year 2024-25 for supplementary demand against the particular claim as per timeline fixed by the Finance Department. 2. It may be mentioned here that the contributory fund is maintained by the AKVIB only. Hence, the eligible amount against the CPF contribution may be released from the corpus where the CPF contribution has been maintained. This is for your information and necessary action. Yours faithfully, Page No.# 7/11 Secretary to the Govt. of Assam Handloom Textiles & Sericulture Department. Dispur, Guwahati-06.” 10. Perusal of the aforesaid correspondence issued by the Secretary to the Government of Assam, Handloom Textiles & Sericulture Department, it appears that a sum of Rs. 12,17,87,138/- has been released to the respondent Khadi & Village Industries Board. It further appears that as against General Areas, an amount of Rs. 10,00,70,000.00/- was sanctioned and released to the Khadi & Village Industries Board. It further appears that as per the aforesaid correspondence, no formal proposal is stated to have been received during the Financial Year 2024-25 for supplementary demand against the particular claim as per timeline fixed by the Finance Department. 11. In this regard, it is worthwhile to mention that in the affidavit-in-opposition filed on 01.06.2024 by the Secretary to the Government of Assam, Handloom Textiles & Sericulture Department on behalf of the respondent No. 1, it is stated as under:- “9. That the answering deponent begs to state that the Hon'ble Court vide its order dated 03/04/2024 directed that the SD proposal as required be placed before the appropriate department of the Government by the Board & steps be taken for sanction of the amount. It may be stated that no SD proposal for sanction of retirement dues to the petitioner has been received in Handloom & Textiles Department till date. Only a copy of letter from the CEO, AKVIB, dtd 22/04/2024 addressed to Director, Handloom & Textiles, Assam intimating the direction of the Hon'ble Court vide its order dtd 03/04/2024 has been received in Handloom & Textiles Department. Page No.# 8/11 It may be mentioned here that the last supplementary demand was placed in the Assam Legislative Assembly on 5th February, 2024 and General budget for the FY 2024-25 on 12th February, 2024. Any supplementary demand will be possible in the next monsoon session of the Assam Legislative Assembly which will be in the month of July or August, 2024. The Assam Khadi and Village Industries Board is primarily responsible for payment of all due benefits including retirement benefits to its employees as stated above in the para No. 3, 4 and 5 of this affidavit. The Government in Handloom & Textiles Department has continuously supported the Board with Financial grant as shown above in the para No. 6 of this affidavit. Assam Khadi and Village Industries Board may perhaps take steps to pay the retirement dues to the petitioner from the available Board's funds. Copy of the letter from the CEO, AKVIB, dtd 22/04/2024 addressed to Director, Handloom & Textiles, Assam is annexed herewith and marked as ANNEXURE- B.” 12. The letter dated 22.04.2024 referred in the above paragraph quoted above is also reproduced hereunder for ready reference:- “OFFICE OF THE ASSAM KHADI & VILLAGE INDUSTRIES BOARD:: GUWAHATI-3 No KBE-322/80-81/305 Dated 22/04/2024 From : Sn 8 Lekharu ACS Chief Executive Officer. Assam Khadi & Vill Ind Board. Guwahati-3 To, The Director Handloom & Textiles Assam. Amban Guwahati-1 Page No.# 9/11 Sub : Sanction of fund for payment of retirement benefit to Smt. Renuka Thakuria, ex-Salesman, AKVI Board (retired on 31.03.2016) Ref : Hon'ble Gauhati High Court order dated 03.04.2024 In WP(C) 3837/2017 (copy enclosed) Sir, With reference to the subject cited above, I would like to inform you that Smti. Renuka Thakuna. Salesman, Assam Khadi & Village Industries Board was retired from the active service of the Board on 31.03 2016 on superannuation. Her retirement benefits were not released at that time because an amount of Rs.44,10,574.58 was detected by the internal audit as misappropriated amount against Smti. Renuka Thakuria which were occurred during the period 1996 to 31.03.2016. The proposal for the entire retirement benefits was submitted to the Govt. at that lime and the said amount was received by the AKVI Board. But the same could not be released to Smti Renuka Thakuria for the reason as stated above and the amount was duly utilised for payment of retirement benefits to other retired employees for which Utilisation Certificate was duly submitted to the Govt. during that period. Now, the Hon'ble Gauhati High Court has passed an order to submit Supplementary Demand proposal to the Govt for sanction & release of the entire retirement benefits of Smti Renuka Thakuria vide order as stated above. The total retirement benefit of Smti. Renuka Thakuria arrives at Rs. 18,19,169.00. The details are enclosed herewith at Annexure-1. 1, therefore, request you kindly to take necessary steps to sanction & release the amount of Rs. 18,19,169. 00 for payment of relirement benefit of Smti. Renuka Thakuria as per Hon'ble Gauhall High Court order. Erclo As stated above Page No.# 10/11 Yours faithfully Chief Execbliver Oficer Assam Khadi & Vill. Ind Board Guwahati-3” 13. A perusal of the said letter indicates that the total retirement benefits of the petitioner after calculation arrived at Rs. 18,19,169.00/- and accordingly, the respondent Khadi & Village Industries Board requested the respondent Handloom Textiles & Sericulture Department to sanction and release the said amount for payment of retirement benefits to the petitioner. It is also worthwhile to mention that the admitted retirement benefit which is admittedly calculated and fixed at Rs. 18,19,169.00/- has not been released to the petitioner since her date of retirement, i.e. 31.03.2016. The respondent Khadi & Village Industries Board being the authority to release the aforesaid retirement dues is taking the stand before this Court that unless and until the said amount is released from the respondent Handloom Textiles & Sericulture Department, they are not in a position to make the payment and that they have already requested the respondent Handloom Textiles & Sericulture Department for releasing the said amount. 14. On the other hand, the stand of Mr. R. Dhar, learned Standing Counsel, Handloom Textiles & Sericulture Department is that funds are not released against specific employee of the respondent Khadi & Village Industries Board and that the funds as sought for has already been released in Grands-in-Aid to the respondent Khadi & Village Industries Board. 15. Be that as it may, it appears that the petitioner is running pillar to post for Page No.# 11/11 her retirement benefits since 2016, despite the retirement benefits being admitted. It shocks the conscience of this Court as how the respondents are casually dealing the case of the petitioner whose retirement benefits for the last so many years have not been released, despite the same being admitted. It is a clear case of injustice being done to the petitioner. This Court is not concerned as how the respondent Khadi & Village Industries Board is going to manage the fund, in order to release the entitled retirement benefits of the petitioner. It is the obligation of the respondent Board to release the retirement benefits of their employees. Accordingly, this Court deems appropriate to dispose of the writ petition, in the interest of justice, by directing the respondent Khadi & Village Industries Board to release the admitted retirement benefits of the petitioner within a period of 4 (four) months from the date of receipt of a certified copy of this order. Ordered accordingly. 16. It is needless to be clarified that the respondent Handloom Textiles & Sericulture Department shall co-operate and do the needful in accordance with law, so as to enable the respondent Khadi & Village Industries Board to comply with the instant order of this Court. 17. Accordingly, the writ petition stands disposed of. JUDGE Comparing Assistant