Page No.# 1/4 GAHC010125152023 2025:GAU-AS:16250 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3343/2023 MINA DEVI W/O- LATE LAKSHMAN HARIZAN, R/O- CHABIPUL ATHGAON, P.S- BHARALUMUKH, DIST- KAMRUP (M), ASSAM VERSUS THE GUWAHATI MUNICIPAL CORPORATION AND 3 ORS REP. BY THE COMMISSIONER, GUWAHATI MUNICIPAL CORPORATION, PANBAZAR, GUWAHATI-01 2:THE JOINT COMMISSIONER GUWAHATI MUNICIPAL CORPORATION PERSONNEL CELL GUWAHATI 3:THE EXECUTIVE ENGINEER DIVISION VI GMC FANCY BAZAR GUWAHATI 4:THE ACCOUNT OFFICER ACCOUNTS BRANCH GUWAHATI MUNICIPAL CORPORATION GUWAHAT Advocate for the Petitioner : MR. Y S MANNAN, MS N DEKARAJA,MR. C K NATH Advocate for the Respondent : SC, GMC, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 28.11.2025 Heard Mr. Y.S. Mannan, learned counsel for the petitioner. Also heard Mr. S. Bora, learned Standing Counsel, GMC. 2. The petitioner, who is a retired employee of the Guwahati Municipal Corporation, has prayed for payment of her pensionary benefits, as she has not been given her pensionary benefits after her retirement on superannuation on 30.11.2022. 3. Mr. S. Bora, learned Standing Counsel, GMC submits that he has filed affidavit-in-opposition on behalf of the respondent Nos.1-4 on 14.11.2025. As the same is not on record, Mr. S. Bora has furnished to this Court his copy of the affidavit-in-opposition, which Mr. Y.S. Mannan, learned counsel for the petitioner, submits that he has been given a copy of the same. 4. A perusal of the affidavit-in-opposition, which has been made by the respondent Nos.1-4 and allegedly filed on 14.11.2025 in the Registry of this Court, shows that all pensionary benefits have been given to the petitioner, except for her regular pension and gratuity. 5. Mr. S. Bora, learned Standing Counsel, GMC submits that as and when funds are received from the Department of Housing and Urban Affairs, Government of Assam, the regular pension and gratuity of the petitioner would Page No.# 3/4 be paid. 6. Paragraph 4 of the affidavit-in-opposition filed by the respondent Nos.1-4 states as follows:- “4. That as regard to the statement made in paragraph 7 and 8 of the writ petition, the answering deponent begs to state that, as regard to entitlement of the petitioner regarding CPF and Leave Encashment, the answering deponent begs to state that, the answering corporation has already released an amount of Rs. 4,47,900/- (Rupees Four Lakhs Forty Seven Thousand Nine Hundred) against Leave Encashment vide order dated 29.09.23. That against CPF an amount of Rs. 77,519/- (Rupees Seventy Seven Thousand Five Hundred Nineteen) was credited to the petitioner on 26.12.23, an amount of Rs. 2,01786/-(Rupees Two Lakhs One Hundred Seven Hundred Eighty Six) was deposited in the pension fund of the petitioner. That as regard to regular monthly pension, the answering deponent begs to state that, necessary calculation against monthly pension of the petitioner has been done, which is calculated at Rs. 22,997/- (Rupees Twenty Two Thousand Nine Hundred Ninety Seven) against PPO No. 001992 w.e.f. 01.12.2022. However, the same remains as unpaid due to insufficiency of fund. In this regard, necessary communications were made to the, Government of Assam for budgetary approval so that Corporation can settle the arrear pension amount in favour of the retired employees of the Corporation including the petitioner. It is pertinent to mention herein that, the petitioner had received her monthly pension from the Month of January, 2025 to May 2025. That the disbursement of arrear as well as regular monthly pension of the petitioner is subject to availability of funds. That in this regard the answering deponent begs to state that, balance FOC demand for ceiling amounting to Rs.19,29,85,750/- (Nineteen Crores Twenty Nine Lakhs Eighty Five Thousand Seven Hundred Fifty) for "GMC employees pension" has already Page No.# 4/4 been submitted before Government of Assam vide letter No. GAC/159/2025/227 dated 25.09.2025. That as regard to as payment against DCRG to the petitioner, that vide order no. GPR/228/97/133-A dated 09.10.2025 approval was accorded for payment and the same will be paid to the petitioner following due process of law. That amount due to the petitioner will be releases immediately on availability of funds subject to release by Government of Assam.” 7. In view of the above facts and the submissions made by the counsel for the GMC, the GMC is directed to ensure that prompt payment of the petitioner’s regular pension and gratuity is made, as and when funds are made available to the GMC. 8. The writ petition is accordingly disposed of. JUDGE Comparing Assistant