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2025 DAILYLAW 21382 (GAU)

BRAJENDRA NATH TALUKDAR v. THE STATE OF ASSAM AND 2 ORS

WP(C)/6538/2024 · 2025-01-29

Michael Zothankhuma

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010257842024 2025:GAU-AS:1051 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6538/2024 BRAJENDRA NATH TALUKDAR S/O- LATE SIDDHA NATH TALUKDAR, R/O- H/NO. 33, SHIVASHAKTI PATH, JATIA, KAHILIPARA ROAD, P.O. ASSAM SACHIVALAYA, DISPUR, GUWAHATI, DIST. KAMRUP (M), ASSAM, PIN- 781006 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-06 2:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON GUWAHATI- 29 3:THE DIRECTOR OF NON-FORMAL AND ADULT EDUCATION ASSAM JATIA KAHILIPARA GUWAHATI-1 Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS Advocate for the Respondent : SC, SEC. EDU., MR. S K MEDHISC, AG (A AND E),SC, AG (A AND E) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 30-01-2025 Heard Mr. M Khan, learned counsel for the petitioner. Also heard Ms. P Das, learned counsel for the Secondary Education Department and Mr. KK Medhi, learned counsel appearing on behalf of Mr. SK Medhi, learned counsel for the respondent No. 2. 2. The petitioner by way of this petition has prayed for release of his gratuity, as the same had not been paid to the petitioner, despite having retired on 30.11.2013. 3. Ms. P Das, learned counsel for the Secondary Education Department has submitted letter No. E-605936/169 dated 29.01.2025 issued by the Secretary to the Government of Assam, Department of School Education, wherein it has stated that the Department was taking steps to release the gratuity amount in favour of the petitioner. The letter dated 29.01.2025 issued by the Secretary to the Government of Assam, Department of School Education is made a part of the record and marked as Annexure “X”. The contents of the said letter are reproduced herein below as follows:- “Sub :WP(C) 6538/2024 (Sri Brajendra Nath Talukdar vs. State of Assam). Sir, With reference to the subject cited above and previous letter under reference, I am directed to inform that the petitioner Sri Brajendra Nath Page No.# 3/3 Talukdar, Retd. Additional Director, Non-Formal & Adult Education, Assam had submitted a prayer for releasing gratuity enclosing a copy of Writ Petition WP(C) No. 6538/2024. The petitioner retired from service on 30-11-2013. The retirement benefits and regular pension were sanctioned keeping on hold the gratuity amount due to pending DP against him. The Department is currently taking steps to release the gratuity amount in respect of Sri Brajendra Nath Talukdar, Retd. Additional Director, Non-Formal & Adult Education, Assam by 30/01/2025. You are requested to look into the matter and furnish the facts before the Hon’ble High Court in the next date of hearing.” 4. In view of the State respondents having decided to pay the petitioner his gratuity amount, the State respondents are directed to pay the same within a period of 1 (one) week from the date of receipt of a certified copy of this order. 5. The writ petition is disposed of accordingly. JUDGE Comparing Assistant