Page No.# 1/5 GAHC010264542024 2025:GAU-AS:1294 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3978/2024 V. KRISHNENDU SINHA S/O- LT. KRISHNA KANTA SINHA, R/O- H.NO. 12, SAMANNAY PATH, BYE LANE NO. 1, BISHNU NAGAR, CHRISTIANBASTI, GHY-05 VERSUS THE STATE OF ASSAM AND ORS. REP. BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM, ENVIRONMENT AND FOREST DEPTT., DISPUR, GHY-06 2:THE SECY. TO THE GOVT. OF ASSAM ENVIRONMENT AND FOREST DEPTT. DISPUR GHY-6 3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ASSAM ARANNYA BHAWAN PANJABARI ROAD GHY-37 4:THE ENQUIRY OFFICER ENVIRONMENT AND FOREST DEPTT. DISPUR GHY- Advocate for the Petitioner : MS R MEDHI, MR. R BORA,MS R MEDHI Advocate for the Respondent : GA, ASSAM, Page No.# 2/5 Linked Case : WP(C)/1927/2020 V. KRISHNENDU SINHA S/O- LATE KRISHNA KANTA SINHA R/O- H NO. 12 SAMANNAY PATH BYE LANE NO.1 BISHNU NAGAR CHRISTIAN BASTI GUWAHATI- 781005 VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM ENVIRONMENT AND FOREST DEPTT DISPUR GUWAHATI- 781006 2:THE SECRETARY TO THE GOVT OF ASSAM ENVIRONMENT AND FOREST DEPTT DISPUR GUWAHATI- 06 3:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS ND HEAD OF FOREST FORCE ASSAM ARANYA BHAWAN PANJABARI ROAD GUWAHATI- 781037 4:THE ENQUIRY OFFICER ENVIRONMENT AND FOREST DEPTT DISPUR GUWAHATI- 06 ------------ Advocate for : MR. P N GOSWAMI Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS Linked Case : WP(C)/3699/2020 Page No.# 3/5 V. KRISHNENDU SINHA S/O- LT. KRISHNA KANTA SINHA R/O- H.NO. 12 SAMANNAY PATH BYE LANE NO. 1 BISHNU NAGAR CHRISTIANBASTI GHY-05 VERSUS THE STATE OF ASSAM AND 3 ORS. REP. BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM ENVIRONMENT AND FOREST DEPTT. DISPUR GHY-06 2:THE SECY. TO THE GOVT. OF ASSAM ENVIRONMENT AND FOREST DEPTT. DISPUR GHY-6 3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ASSAM ARANNYA BHAWAN PANJABARI ROAD GHY-37 4:THE ENQUIRY OFFICER ENVIRONMENT AND FOREST DEPTT. DISPUR GHY-6 ------------ Advocate for : MR K P PATHAK Advocate for : MR. S S ROY GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS. Page No.# 4/5 BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 07.02.2025 1. Heard Mr. R. Mazumdar, learned counsel for the applicant/petitioner and Mr. K. Konwar, learned Additional Advocate General, Assam for the respondent. 2. By this interlocutory application, the petitioner has prayed for releasing of his provisional pension and all other admissible retirement benefits. 3. In the connected WP(C) No. 1927/2020, the petitioner has challenged a departmental proceeding initiated against him and an enquiry report dated 24.03.2010. In said WP(C) No. 1927/2020, this Court on 13.03.2020 passed an interim order directing the respondents not to pass any final order on the departmental proceeding. However, the respondent authorities passed an order on 04.08.2020 regarding the disciplinary proceeding initiated against the petitioner whereby the penalty of dismissal from service was imposed upon him. 4. Thereafter, the petitioner has preferred the connected WP(C) No. 3699/2020 for wilful and deliberate violation of the interim order dated 13.03.2020 passed in said WP(C) No. 1927/2020 as well as the impugned order dated 04.08.2020, recorded hereinabove. 5. During the pendency of these writ petitions, the petitioner had in the meantime retired from service and accordingly, the present interlocutory application is filed seeking his provisional pension as well as all other retirement benefits. 6. Mr. Konwar, learned Additional Advocate General, Assam in his usual Page No.# 5/5 fairness submits that subject to outcome of the writ petitions and the departmental proceeding initiated against the petitioner, the petitioner shall be entitled for provisional pension in terms of Rule 22 of the Assam Services Pension Rules (ASPR), 1969. 7. This Court is also of the view that since the petitioner had retired from his service, he is entitled for provisional pension under the aforesaid Rule 22 of said ASPR, 1969. 8. In view of the aforesaid, it is directed that the respondent employer shall initiate process for the payment of provisional pension to the petitioner in terms of Rule 22 of said ASPR, 1969 and such exercise shall be completed and the respondent employer shall paid provisional pension to the petitioner within a period of 4 (four) weeks from the date of receipt of the certified copy of this order, which is to be furnished before the Principal Chief Conservator of Forest, Assam by the petitioner. 9. With the aforesaid direction and observation, this interlocutory application stands disposed of. JUDGE Comparing Assistant