Page No.# 1/4 GAHC010136752017 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4727/2017 DILIP KUMAR DEV S/O. LT. GOPESH CHANDRA DEV, R/O. 86, BORTHAKUR MILL ROAD, BYE- LANE 6, ULUBARI, DIST. KAMRUPM, GUWAHATI-781007. VERSUS THE STATE OF ASSAM and ANR. REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM, PENSION and PUBLIC GRIEVANCES DEPTT., JANATA BHAWAN, DISPUR, GUWAHATI- 781006. 2:THE ACCOUNTANT GENERAL ACCOUNTS and ENTITLEMENT ASSAM MAIDAMGAON BELTOLA GUWAHATI-781029 Advocate for the Petitioner : MR.S K GHOSH, MS.F AHMED Advocate for the Respondent : GA, ASSAM, MR. A CHETRI, SC, PENSION DEPTT. (R-1),SC, PENSION DEPARTMENT,SC, AG Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER Date : 27.02.2025 Heard Mr. S.K. Ghosh, learned counsel for the petitioner. Also heard Ms. U. Sarma, learned counsel for the respondent no. 1 and Mr. C. Baruah, learned Standing Counsel, Accountant General for the respondent no. 2 2. Mr. S.K. Ghosh, learned counsel for the petitioner submits that the Department of Pension & Public Grievances, Government of Assam issued a Notification No. PPG(P)140/2017/18 dated 30.07.2018 by replacing the same with the earlier Section 3(b)(I). The challenge made in this writ petition is the Notification No. PPG(P)140/2017/9 dated 12.07.2017. 3. During the pendency of the writ petition the State Government has issued the following memorandum dated 30.07.2018. The memorandum reads as under : GOVERNMENT OF ASSAM PENSION & PUBLIC GRIEVANCES DEPARTMENT DISPUR ::: GUWAHATI::6 No. PPG(P) 140/2017/18 Dated Dispur, the 30th July, 2018 OFFICE MEMORANDUM After careful consideration of all relevant facts, petitions and orders, P & PG Department hereby withdraws its earlier Office Memorandum No. PPG(P) 186/2013/82, dated 14/06/2017 issued regarding a clarification to Clause 3 (b) (I) of OM No. PPG(P) 88/2010/26, dated 01/06/2010. Page No.# 3/4 2. In consideration of the above, P & PG Department has reviewed the Clause 3 (b) (I) of OM No. PPG(P) 140/2017/9, dated 12/07/2017 and decided that the revised basic pension of pre 01/04/2016 pensioners shall not be lower than 50% of the pay in the pay band and the grade pay thereon corresponding to the pre revised pay scale/pay band from which the pensioners had retired without pro-rata reduction of pension even if they had qualifying service of less than 33/25 years as the case may be at the time of retirement. Accordingly, Para 3(b)(I) of this Department’s OM No. PPG(P) 140/2017/9, dated 12/07/2017 would stand modified as below – Para 3 (b) (I) : “The revised Basic Pension in no case shall be lower than 50% (fifty) percent of the sum of minimum of the pay in the Pay Band and the Grade Pay thereon corresponding to the pre revised pay scale/Pay Band from which the pensioner had retired.” Sd/- Dr. A.U. Choudhury, IAS Commissioner & Secretary to the Govt. of Assam, Pension & Public Grievances Department. Dated Dispur, the 30th July, 2018 4. The learned counsel for the petitioner submits that since the Government has restored the earlier position, this challenge in the writ petition has been redressed. He has no further claims. Accordingly, he has instructions not to press the writ petition any further. 5. Taking into consideration, the submissions made by the counsel for the parties, this writ petition stands disposed of infructuous. 6. Interim order, if any stands vacated. Page No.# 4/4 7. Pending Interlocutory Application is also dismissed. JUDGE Comparing Assistant