Page No.# 1/3 GAHC010273802025 2025:GAU-AS:17694 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4067/2025 DR SAMEDUR RAHMAN SON OF- LATE SAHIDUR RAHMAN RESIDENT OF GUWAHATI HATIGAON FRIENDS PATH, HOUSE NO -18 DISTRICT-KAMRUP M, ASSAM VERSUS THE STATE OF ASSAM THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HIGHER EDUCATION DEPARTMENT,DISPUR, GUWAHATI -781006 2:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI781019. 3:THE ASSAM PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY JAWAHAR NAGAR KHANAPARA GUWAHATI781022. 4:THE PRINCIPAL GUWAHATI COLLEGE BAMUNIMAIDAN GUWAHATI-781021. 5:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI781006. 6:THE ACCOUNTANT GENERAL(AANDE) ASSAM MAIDAMGAON Page No.# 2/3 BELTOLA GUWAHATI-781028. 7:THE COMMISSIONER AND SECRETARY FINANCE DEPARTMENT DISPUR GUWAHATI-781006 Advocate for the Petitioner : MR. R MAJUMDAR, Advocate for the Respondent : SC, HIGHER EDU, SC, APSC,SC, AG (A AND E),GA, ASSAM,SC, FINANCE BEFORE HON’BLE MR. JUSTICE NELSON SAILO O R D E R 19.12.2025 On 17.12.2025, Court passed the following order:- “By filing this application, the applicant seeks for continuity of his provisional pension which has been stopped abruptly from the month of October, 2025 by misinterpretation of the Notification dated 06.09.2025 (Annexure-A). Mr. R.Mazumdar, learned counsel for the applicant submits that there is no bar for payment of the provisional pension in respect of pensioners who are facing departmental or judicial proceeding, which exactly is the case of the applicant. In such cases, the normal and existing Rules should continue to apply as stated in the Notification dated 06.09.2025 itself. The learned counsel has drawn the attention of this Court to Rule-22(1) of the Assam Services (Pension) Rules, 1969, which provides for payment of provisional pension from the date of retirement till the finalization of the proceeding drawn. Mr. D. Upamanyu, learned Standing Counsel, Higher Education Department submits that as per the instruction received by him there is no specific order as such by which the pension has been withheld. He however, submits that he may be given some time to obtain complete instructions. In view of above and as prayed for, list the matter on 19.12.2025. Ms. R.M. Barua, learned Standing Counsel, Finance Department and Mr. R.K. Page No.# 3/3 Talukdar, learned Standing Counsel, Accountant General, Assam shall also obtain instructions in the matter.” Today, Mr. D. Upamanyu, learned Standing Counsel, Higher Education Department submits that as per the instructions received by him, the Director of Higher Education has not issued any order for stoppage of the provisional pension of the petitioner. Mr. A. Chaliha, learned Standing Counsel, Finance Department submits that it is not even the Treasury Officer, who has stopped the provisional pension of the petitioner and it is solely on account of the respondent No.4, who apparently has not prepared the bills and send the same to the Treasury Officer for further necessary action as required by him in terms of the order dated 31.10.2022 (Annexure-8) of the writ petition, issued by the Director of Higher Education. Although respondent No.4 is a party respondent in the instant case, but no one has appeared on his behalf till date. Under the circumstances, the petitioner shall serve a certified copy of this order to the respondent No.4 and the respondent No.4 upon receipt of the same shall prepare the bills without delay and sent the same to the Treasury Officer for further necessary action. Interlocutory application stands disposed of. JUDGE Comparing Assistant