Page No.# 1/3 GAHC010138662024 2025:GAU-AS:7272 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3548/2024 DHAIRJYA RAM KALITA C/O- MAMARIYA RAM KALITA, R/O- VILL. NABURKA SATRA, P.O. KSUDRA DIMU, P.S. RANGIA, DISTRICT- KAMRUP, ASSAM- 781382, PH- 9577506676, 9859435309 VERSUS 1.THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, GUWAHATI DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI- 781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FINANCE DEPARTMENT DISPUR GUWAHATI- 781006 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT DISPUR GUWAHATI- 781006 4:THE GUWAHATI MUNICIPAL CORPORATION GUWAHATI- 781001 ASSAM REPRESENTED BY ITS COMMISSIONER 5:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION GUWAHATI ASSAM- 78100 Advocate for the Petitioner : MR. B D KONWAR SR. ADV., MS S JAIN,MR J SINGH,MS M ZOMUANPUII,MR H AGARWAL Advocate for the Respondent : SC, GMC, SC, FINANCE DEPTT. Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 04-06-2025 Heard Ms. M. Zomuanpuii, learned counsel for the petitioner. Also heard Mr. S. Bora, learned Standing Counsel, Guwahati Municipal Corporation (GMC) for respondent Nos.1, 4 and 5; Mr. R. Borpujari, learned Standing Counsel, Finance Department for respondent No.2 and Ms. A. Talukdar, learned Government Advocate, Assam for respondent No.3. 2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to release the arrear of pensionary benefits to him in accordance with the provisions of Guwahati Municipal Corporation Employees (Pension) Regulation, 2015 for the period from the date of his retirement from service i.e. 31.01.2011. 3. The petitioner was working as Deputy Commissioner, Guwahati Municipal Corporation and retired from service on 31.01.2011. 4. The grievance raised by the petitioner is to the effect that as he was a regular employee of the Guwahati Municipal Corporation since 02.02.1970 who had been appointed prior to 01.02.2005, he is entitled to the pensionary benefits under the relevant Regulations, namely, Guwahati Municipal Corporation Employees (Pension) Regulation, 2015 with effect from the date of his retirement i.e. 31.01.2011. However, the respondent authorities have denied the same by granting him pension only from January, 2016. 5. Learned counsel for the parties have submitted that the order of this Page No.# 3/3 Court dated 13.03.2019 passed in WP(C) No.5085/2017 and the order dated 27.10.2022 passed in WP(C) No.6822/2022 covers the case of the petitioner. Therefore, they have fairly submitted that the matter may be disposed of granting similar relief to the petitioner. 6. Having perused the order dated 13.03.2019 passed in WP(C) No.5085/2017 and the order dated 27.10.2022 passed in WP(C) No.6822/2022, this Court is of the view that the above referred orders cover the case of the present petitioner. 7. In view of above and on the consent of the parties, the respondent authorities are directed to verify the service particulars of the petitioner and if the petitioner is entitled to payment of arrear pension in terms of Guwahati Municipal Corporation Employees (Pension) Regulation, 2015, the same shall be paid to him. 8. The exercise, as directed above, shall be undertaken within a period of 4(four) months from the date of receipt of a certified copy of this order. 9. Writ petition stands disposed of, accordingly. JUDGE Comparing Assistant