Page No.# 1/4 GAHC010097232023 2025:GAU-AS:15273 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2586/2023 MUKUTA HAZARIKA W/O- NABIN HAZARIKA, R/O- VILLAGE KOCHGAON, P.O- BORDOLONI, PIN-784172, DIST- DHEMAJI VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPARTMENT DISPUR, GUWAHATI-6 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6 3:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI-6 4:THE FINANCE AND ACCOUNTS OFFICER O/O THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI-6 Page No.# 2/4 5:THE INSPECTOR OF SCHOOLS DHEMAJI ASSAM PIN-78705 Advocate for the Petitioner : MR. P J SAIKIA, SR. ADV, MR. P BORDOLOI,MR. K BORUAH Advocate for the Respondent : SC, SEC. EDU., GA, ASSAM,MR. S R BORUAH , ( R- 3 & 4),SC, REVENUE,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 12.11.2025 Heard Mr. P. Bordoloi, learned counsel for the petitioner; Mr. U. Sarma, learned standing counsel for the Secondary Education Department, being respondent Nos. 1 & 5; Ms. R.M. Barooah, learned standing counsel for the Finance Department, being respondent No. 2; and Ms. D.D. Barman, learned Additional Senior Government Advocate for the respondent Nos. 3 & 4. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has:- (i) Challenged the Communication No. DP. ADP/2021-22/2021/09/0178, dated 05.03.2022, issued by the respondent No. 4 (Annexure – G); (ii) Prayed for issuing direction to the respondent authorities to finalize her pensionary benefits forthwith, considering the past up gradation w.e.f. 01.01.1994, as one benefit under the MACP Scheme; and (iii) Also prayed for issuing direction to the respondent authorities not to insist upon recovery of any allowances or incremental benefits from the retirement benefits granted to her. Page No.# 3/4 3. Mr. Bordoloi, learned counsel for the petitioner submits that vide order dated 19.03.1983, the petitioner was temporarily appointed as Craft Teacher (Tailoring) and posted at Bordoloni Higher Secondary School. Thereafter, on 12.04.1988, her service was regularized and w.e.f. 01.01.1994, she was upgraded to the post of Assistant Teacher in graduate scale of pay, pursuant to the Notification dated 30.12.1993, issued by the Government of Assam in the School Education Department. Thereafter, on 31.03.2021, she retired from her service and accordingly, the respondent No. 5 had submitted her pension proposal before the Office of the respondent No. 3. But, the respondent No. 4, vide communication dated 05.03.2022, returned the pension proposal of the petitioner alleging as defective and concerning whether there was any fault on her part to assess the excess payment, so that the matter can be forwarded to the competent authority to waive recovery in terms of the Office Memorandum No. Fin (EC – III).1808/2018/2, dated 14.06.2019, issued by the Secretary to the Government of Assam in the Finance Department. Thereafter, the petitioner had submitted a representation on 16.02.2023, before the respondent No. 3, praying for finalization of her pensionary benefits. But, till date, the same fails to evoke any response. Being aggrieved, the petitioner has approached this Court by filing the present writ petition. 3.1. Mr. Bordoloi further submits that due to non-finalization of the pension and pensionary benefits of the petitioner, she has been suffering from serious hardship. Under such circumstances, Mr. Bordoloi has contended to issue direction to the respondent authorities to settle the penionary benefits of the petitioner in a time bound manner and further, not to initiate upon recovery of the excess drawal amount, since the petitioner was not responsible for the same. 4. Per-contra, learned counsel for the respondents submit that this writ petition may be disposed of by directing the respondent authorities to settle the excess Page No.# 4/4 drawal amount, in view of the OM dated 14.06.2019. 5. It appears that the respondent authorities have not filed their affidavit-in- opposition. But, the basic facts of this case appear to be not in dispute. The petitioner served as Assistant Teacher in Graduate Scale of Pay and on 31.03.2021, she retired from her service and since then, her pension and pensionary benefits have not been finalized by the respondent authorities. 6. Thus, taking note of the submissions of learned counsel for both the parties and also considering the facts and circumstances on the record and further, the OM dated 14.06.2019, this Court is inclined to dispose of this petition by directing the respondent authorities as under:- (i) Since the petitioner retired from service on 31.03.2021, the question of recovery of the excess drawal does not arise, in view of the point Nos. (i) – (v) of the Clause No. 4 of the OM dated 14.06.2019. (ii) The pension and pensionary benefits of the petitioner shall be finalized by the respondent authorities, more particularly respondent Nos. 3, 4 & 5, within a period of 4 (four) weeks from the date of receipt of the certified copy of this order. 7. The petitioner shall obtain a certified copy of this order and place the same before the respondent authorities within a period of 1 (one) week from today. JUDGE Comparing Assistant