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2025 DAILYLAW 27032 (GAU)

SMT. ASSAMI DAS MOTAK v. THE STATE OF ASSAM AND 10 ORS

WP(C)/1700/2025 · 2025-11-25

Anjan Moni Kalita

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010062452025 2025:GAU-AS:16116 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1700/2025 SMT. ASSAMI DAS MOTAK W/O- LATE MOTHURA MOTAK, R/O- VILL.- RANGSALI, SONARI, P.O- JANATA, PIN- 784179, P.S- BIHALI, DIST.- BISWANATH, ASSAM VERSUS THE STATE OF ASSAM AND 10 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF IRRIGATION, DISPUR, GUWAHATI-781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT GUWAHATI-6 DISPUR ASSAM 3:THE DIRECTOR OF PENSION ASSAM HOUSEFED GUWAHATI-06 DISPUR ASSAM 4:THE OFFICE OF ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI. 5:THE TREASURY OFFICER BISWANATH Page No.# 2/4 DIST.- BISWANATH ASSAM 6:THE CHIEF ENGINEER IRRIGATION DEPARTMENT CHANDMARI GUWAHATI ASSAM- 781003. 7:THE EXECUTIVE ENGINEER OF BISWANATH BEHALI DIVISION (IRRIGATION) BISWANATH CHARIALI BISWANATH- 784176. 8:THE ASSTT. EXECUTIVE ENGINEER BEHALI SUB-DIVISION (IRRIGATION) BEHALI DIST.- BISWANATH PIN-784179. 9:JAYANTA DAS S/O MATHURA DAS R/O CHILATHIA BRAHMAJAN P.S. GOHPUR DIST- BISWANATH ASSAM P.O. BRAHMAJAN PIN-784172 10:JAYANTI DAS W/O LT. RATUL DAS R/O CHILATHIA BRAHMAJAN P.S. GOHPUR DIST- BISWANATH ASSAM P.O. BRAHMAJAN PIN-784172 11:TILESWAR DAS S/O LT. ABHAY DAS R/O CHILATHIA BRAHMAJAN P.S. GOHPUR DIST- BISWANATH ASSAM P.O. BRAHMAJAN Page No.# 3/4 PIN-78417 Advocate for the Petitioner : MR M BORAH, Advocate for the Respondent : GA, ASSAM, MR. O ULLAH, (R-9, 10 & 11),I AMIN,MR M H AHMED, (R-9, 10 & 11),SC, AG,SC, TREASURY,SC, PENSION,SC, IRRIGATION BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 26.11.2025 Heard Mr. M. Borah, learned counsel for the petitioner. Also heard Mr. N. Upadhyay, learned Standing Counsel for the Irrigation Department, representing respondents No.1, 6, 7 and 8; Ms. U. Sharma, learned Government Advocate for the respondents No.2 and 3; Mr. C. Baruah, learned Standing Counsel, Accountant General, for respondent No.4; Mr. A. Chaliha, learned Standing Counsel, Finance Department for the respondent No.5 and Mr. M. H. Ahmed, learned counsel for the respondents No. 9, 10 and 11. 2. Mr. Upadhyay, learned Standing Counsel, Irrigation Department, appearing for the respondents No.1, 6, 7 and 8, submits that the pension proposal of the petitioner is going to be completed and the same will be disbursed within a period of 2 (two) weeks. 3. The learned counsel for the petitioner submits that, in view of the aforesaid submission made before this Court, this matter can be disposed of with a direction to the Irrigation Department for payment of the pension. 4. Taking into account the whole matter, and since the matter is actively pursued by the Department and the same shall be disbursed within a period of two weeks, this Court is of the considered view that there is no point in keeping Page No.# 4/4 the matter pending. Therefore, this instant writ petition is disposed of with a direction to the respondent Department, i.e., the Irrigation Department, to finalize the pension and disburse the amount to the petitioner within a period of 4 (four) weeks from the date of receipt of this order. 5. In the event of receipt of the amount by the petitioner, the petitioner shall share the aforesaid amount with respondents No.9, 10 and 11, who are also eligible for such pension amount. 6. In view of the aforesaid, the instant writ petition is disposed of. JUDGE Comparing Assistant