Page No.# 1/3 GAHC010276932024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/158/2025 THE ASSAM POWER GENERATION CORPORATION LTD AND 2 ORS REPRESENTED BY ITS CHAIRMAN HAVING ITS REGISTERED OFFICE AT 1ST FLOOR, BIJULEE BHAWAN, PALTANBAZAR, GUWAHATI-781001. 2: THE MANAGING DIRECTOR ASSAM POWER GENERATION CORPORATION LIMITED BIJULEE BHAWAN PALTANBAZAR GUWAHATI-781001 3: THE GENERAL MANAGER (HR) ASSAM POWER GENERATION CORPORATION LTD BIJULEE BHAWAN GUWAHATI- VERSUS BINOD BHAGABATI S/O LATE UDAY BHAGABATI, RESIDENT OF HOUSE NO. 46(A) NARENGI HOUSING COLONY, NARENGI, GUWAHATI, ASSAM 785026. Advocate for the Petitioner : MR H K DAS, MR N K SARMA Advocate for the Respondent : , Linked Case : I.A.(Civil)/78/2025 THE ASSAM POWER GENERATION CORPORATION LTD AND 2 ORS Page No.# 2/3 REPRESENTED BY ITS CHAIRMAN HAVING ITS REGISTERED OFFICE AT 1ST FLOOR BIJULEE BHAWAN PALTANBAZAR GUWAHATI-781001 2: THE MANAGING DIRECTOR ASSAM POWER GENERATION CORPORATION LIMITED BIJULEE BHAWAN PALTANBAZAR GUWAHATI-781001 3: THE GENERAL MANAGER (HR) ASSAM POWER GENERATION CORPORATION LTD BIJULEE BHAWAN GUWAHATI-1 VERSUS BINOD BHAGABATI S/O LATE UDAY BHAGABATI RESIDENT OF HOUSE NO. 46(A) NARENGI HOUSING COLONY NARENGI GUWAHATI ASSAM 785026 ------------ For petitioner/appellant(s) : Mr. H. K. Das, Advocate Mr. N. K. Sarma, Advocate For respondent(s) : – BEFORE – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 01.09.2025 (Ashutosh Kumar, CJ) The Assam Power General Corporation Ltd. (APGCL)/appellants have challenged the order dated 29.09.2023, passed by a learned Single Judge of this Court in WP(C) Page No.# 3/3 4348/2023 and other connected writ petitions, directing that the petitioner’s (respondent herein) entitlement as a pensioner under different Heads as per Rule 4 of the ROP Rules of 2017 would be assessed and if the petitioner/respondent herein is found to be entitled for any enhanced amount, the same shall be paid expeditiously and within an outer limit of three months from the date of passing of the order. It was also directed by the learned Single Judge that in terms of the order passed by the Division Bench of this Court in WA No. 107/2023, the petitioner/respondent herein would, before receipt of the enhanced amount, if any, be required to submit an undertaking that in case the issue is finally resolved in favour of the respondents/appellants herein, he shall refund the excess amount. Mr. Das, learned counsel for the appellants has pointed out that the order impugned was passed on the basis of an interim order passed in WA No. 107/2023 and other connected writ appeals and the said writ appeals have been allowed by the Division Bench of this Court vide judgment and order dated 05.08.2024, extinguishing the claim of such employees who are similarly situated to the respondent herein in this appeal. Let notice be issued to the sole respondent on steps being taken by the appellants within two weeks from today, by registered post as well as by usual process, returnable on 27.10.2025. In the meantime, the effect and operation of the impugned order shall remain stayed. JUDGE CHIEF JUSTICE Comparing Assistant