Page No.# 1/7 GAHC010313002019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/9441/2019 BUBUL CHANDRA NEOG S/O- LT. SADIRAM NEOG, R/O- PANICHAKUA GAON, P.O. PANICHAKUA, DIST.- JORHAT, ASSAM. VERSUS THE STATE OF ASSAM AND 4 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, CO- OPERATION DEPTT., DISPUR, GHY.-06. 2:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GHY.-22. 3:THE ZONAL JT. REGISTRAR CO-OPERATIVE SOCIETIES NA-ALI JORHAT ASSAM. 4:BIMAN DAS UDA (SENIOR ASSISTANT) O/O. THE REGISTRAR CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GHY.-22 SAMABAI BHAWAN. 5:RITA KALITA Page No.# 2/7 UDA (SENIOR ASSISTANT) O/O THE REGISTRAR CO-OPERATIVE SOCIETIES ASSAM GUWAHATI-22 SAMABAI BHAWAN Advocate for the Petitioner : MR. A SARMA, MR B SINHA Advocate for the Respondent : SC, CO OP, MS. O KITS,MS. J BURAGOHAIN,V SOLO Linked Case : WP(C)/6345/2023 BUBUL NEOG S/O- LATE SADIRAM NEOG R/O VILLAGE PANICHAKUA GAON P.O- PANICHAKUA DIST- JORHAT ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM COOPERATION DEPARTMENT DISPUR GUWAHATI-6 2:THE REGISTRAR OF COOPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI-22 3:THE ZONAL JOINT REGISTRAR OF COOPERATIVE SOCIETIES NA- ALI JORHAT ASSAM ------------ Page No.# 3/7 Advocate for : MR. A SARMA Advocate for : SC CO OP appearing for THE STATE OF ASSAM AND 2 ORS Linked Case : WP(C)/3182/2022 BUBUL CHANDRA NEOG S/O- LATE SADIRAM NEOG R/O- PANICHAKUA GAON P.O. PANICHAKUA DIST. JORHAT ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM THE PENSION DEPARTMENT SACHIVALAYA DISPUR ASSAM PIN- 781006. 2:THE DIRECTOR OF PENSION HOUSEFED COMPLEX LAST GATE DISPUR GUWAHATI ASSAM PIN- 781006. 3:THE FINANCE AND ACCOUNTS OFFICER DIRECTORATE OF PENSION HOUSEFED COMPLEX DISPUR GUWAHATI-6. 4:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI ASSAM PIN- 781022. Page No.# 4/7 5:THE ZONAL JOINT REGISTRAR CO-OPERATIVE SOCIETIES ASSAM NA-ALI JORHAT ASSAM ------------ Advocate for : MR. A SARMA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS. BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER 21.05.2025 Heard Mr. B. Sinha, learned counsel for the petitioner and Mr. G. Bordoloi, learned Standing Counsel for the Corporation Department for the official respondents. On 04.04.2025, Court passed the following order:- “Heard Mr. B. Sinha, learned counsel for the petitioner and Mr. G. Bordoloi, learned Standing Counsel, Corporation Department for the official respondents. [2.] The petitioner has filed WP(C) No. 9441/2019 by which he has challenged his seniority position in the post of Senior Assistant under the Corporation Department vis-à-vis the private respondents therein. The petitioner has also filed his second writ petition i.e., WP(C) No. 3182/2022 seeking for a direction to the respondent authorities to pay him his Page No.# 5/7 pensionery benefits, which has not been given to him despite having retired on 31.03.2021. The third writ petition i.e., WP(C) No. 6345/2025 is again filed by the petitioner challenging the decision of the respondent authorities dated 28.06.2021 and 13.06.2023 by which it has been contemplated to dismiss him from service after his retirement and for recovery of all the amount that was paid to him respectively. [3.] Mr. B. Sinha, learned counsel submits that despite the issuance of the Communication dated 28.06.2021 recommending the dismissal of the petitioner from service, no formal order to that effect has been passed till date. In respect of the recovery to be made from him, by virtue of an interim order passed by this Court on 06.11.2023 in WP(C) No. 6345/2023, the impugned Communication dated 13.06.2023 seeking recovery from the petitioner was stayed and therefore no recovery is made from the petitioner. [4.] The learned counsel submits that despite the recommendation made for dismissing the petitioner from service after his retirement vide Communication dated 28.06.2021, the Corporation Department has sought the advice of the Law Department vide Endorsement Note No. 16. The Law Department has given its opinion on 28.10.2024 which is to effect that despite the contention of the Department concerned that the petitioner had been illegally appointed, no action has been taken against him. That there Page No.# 6/7 was clearly laches on the part of the Department and therefore, no action can be taken against the petitioner after his retirement. The learned counsel submits that the opinion of the Law Department is annexed by the respondent Nos. 1, 2 & 3 in WP(C) No. 9441/2019 in their additional affidavit filed on 14.02.2025 as Annexure – A. The learned counsel submits that in view of such opinion rendered by the Law Department, the respondent authorities should be directed to pass appropriate orders granting the petitioner his pensionary benefits in accordance with law. [5.] Mr. G. Bordoloi, learned Standing Counsel, Corporation Department submits that since the matter is sub-judiced, the Departmetn is not in a position to proceed with the matter. It is however seen that this Court in fact as already stated herein above had stayed the recovery of any amount from the petitioner as contemplated vide the Communication dated 13.06.2023 and that no order been passed by this Court restraining the respondents from processing the pensionary dues of the petitioner. Under the circumstances, it is hereby observed that the respondents are not debarred from taking necessary steps in terms of the Endorsement Note No. 16 given by the Law Department, if so advised. [6.] List the matter again on 07.05.2025.” Page No.# 7/7 [2.] Today, Mr. G. Bordoloi, learned Standing Counsel, Corporation Department submits that pursuant to the direction of this Court, Registrar of Cooperative Societies has passed an order dated 05.05.2025 wherein, it has been stated that an opinion has been given to the State Government by the Legal Remembrancer that no action may be taken against the petitioner post-retirement in absence of any proceeding during his service and that the delay and lapse lie with the Department and therefore, the pension benefits entitled to the petitioner may be processed in accordance with law. Accordingly, the Pension Cell, Head Office, Assam Cooperative Societies, Khanapara has been directed to take immediate action for processing and releasing of the pensionary benefits to the petitioner in accordance with applicable rules and procedures. [3.] Considering the said direction, it appears that the writ petitions have been rendered infructuous. In view of above, WP(C) No. 6345/2023 stands dismissed as infructuous. In respect of WP(C) No. 9441/2019 and WP(C) No. 3182/2022, the same stands dismissed as withdrawn with liberty to file afresh, if so advised. [4.] The order dated 05.05.2025 produced by Mr. G. Bordoloi is being retained in the record and marked as ‘X’ for identification. JUDGE Comparing Assistant