Page No.# 1/4 GAHC010238572024 2025:GAU-AS:15669 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6051/2024 SURENDRA NATH GAYARI S/O- LATE SUKU RAM GAYARI, R/O- VILLAGE- DHALIGAON, WARD NO-3, P.O- DHALIGAON, DIST- CHIRANG, BTR, ASSAM VERSUS THE STATE OF ASSAM AND 7 ORS REP. BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, SCHOOL EDUCATION DEPARTMENT DISPUR, GUWAHATI- 781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF FINANCE DISPUR GUWAHATI-781006 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI -19 4:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI -19 5:THE ACCOUNTANT GENERAL BELTOLA MAIDAMGAON ASSAM GUWAHATI KAMRUP (M) PIN- 781028 6:THE MISSION DIRECTOR ASSAM SARBA SIKSHA ABHIJAN MISSION (SSA) KAHILIPARA Page No.# 2/4 GUWAHATI-19 7:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL COUNCIL KOKRAJHAR P.S. AND DIST-KOKRAJHAR BTR PIN-783370 8:THE TREASURY OFFICER KOKRAJHAR P.S. AND DIST-KOKRAJHAR BTR PIN-78337 Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS Advocate for the Respondent : SC, ELEM. EDU, MS P DAS,MS H TERANGPI, SC, SEC. EDU.,SC, SSA,SC, BTC,SC, AG (A AND E),SC, FINANCE BEFORE HON’BLE MR. JUSTICE NELSON SAILO O R D E R 19.11.2025 Heard Mr. M. Khan, learned counsel for the petitioner, Ms. P. Das, learned Standing Counsel, Secondary Education Department for respondent Nos. 1 & 3, Mr. R Boro, learned Standing Counsel, AG, appearing for respondent No.5, Ms. N. Choudhury, learned counsel appearing for respondent Nos. 7 and 8, Ms. N. Phukan, learned Standing Counsel, Elementary Education Department appearing for respondent No.4 and Ms. R.M. Barua, learned Standing Counsel, Finance Department appearing for respondent Nos. 2 and 8. Having regard to the nature of grievance projected by the petitioner, the writ petition is taken up for disposal at this stage. 2. The petitioner retired as District Elementary Education Officer, Kokrajhar on 30.09.2019 and as he has not been paid his Death-cum- Retirement Gratuity along with the final pension, he has initiated the Page No.# 3/4 instant writ petition. 3. Notice of motion was issued on 20.11.2024. Thereafter, the respondents have appeared and only the respondent No.1 i.e., the Secretary to the Government of Assam, Secondary Education Department has filed the affidavit-in-opposition. In the affidavit-in-opposition, at paragraph-4, the observation of the Finance Department has been abstracted, which is to the effect that since the period of deputation of the petitioner under the Sarba Siksha Abhiyan was more than 05(five) years w.e.f. 25.11.2003 to 22.09.2009 and therefore, the matter has to be placed before the Cabinet. Further, it was observed that since the extension period of deputation for 07(seven) years was issued only on 27.12.2016 after the petitioner was repatriated, the period of 07(seven) years on deputation subsequently allowed will not apply to the case of the petitioner. 4. On several occasions, this Court had directed the learned counsel appearing for the respondents to obtain instructions as to what is the up- to-date status of referring the matter to the Cabinet, but till date the status of the case is that the matter will be placed before the Cabinet. In this connection, Ms. P. Das, learned Standing Counsel, Secondary Education Department has produced a communication dated 18.11.2025 made by the Secretary to the Government of Assam, School Education Department to the Senior Standing Counsel of the said Department. 5. Learned counsel for the petitioner on the other hand submits that the petitioner despite having retired from service on 30.09.2019, has been deprived of his retirement benefits for none of his fault and is only given provisional pension as on today and therefore, he prays that the Page No.# 4/4 respondent authorities may be directed to speed up the matter, so that the petitioner can receive his entitlements. 6. Upon considering the submissions made by the learned counsel for the parties and upon perusal of the materials available on record and without expressing anything on merit, the writ petition is disposed of by directing the respondents, more particularly respondent No.1 to place the case of the petitioner before the competent authority for onward placing the matter before the next Cabinet sitting without further delay. 7. The communication dated 18.11.2025 produced by Ms. P. Das, learned Standing Counsel, Secondary Education Department is placed on record and marked as ‘X’ for identification. 8. Mr. M. Khan, learned counsel for the petitioner prays for a time frame for placing the matter before the Cabinet. But, however, this Court would not like to fix any time frame. It is however made clear that the respondent authorities shall take necessary steps as directed herein above without delay. 9. With the above observations and direction, the writ petition stands disposed of. JUDGE Comparing Assistant