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2025 DAILYLAW 3520 (GAU)

MRS MINATI HANDIQUE v. THE STATE OF ASSAM

WP(C)/3561/2025 · 2026-06-18

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010139202025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3561/2025 MRS MINATI HANDIQUE W/O- MANIK HANDIQUE, RESIDENT OF BORBIL, P.S.- HOWRAGHAT, P.O. BARBIL IN THE DISTRICT OF KARBI ANGLONG, PIN-782481, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SOCIAL JUSTICE AND EMPOWERMENT, DISPUR, GUWAHATI-781006 2:THE KARBI ANGLONG AUTONOMOUS COUNCIL REPRESENTED BY ITS PRINCIPAL SECRETARY DIPHU KARBI ANGLONG ASSAM 3:THE DIRECTOR OF SOCIAL JUSTICE AND EMPOWERMENT LAKHI MANDIR BELTOLA TINIALI GUWAHATI ASSAM PIN-781028. 4:THE CHILD DEVELOPMENT PROJECT OFFICER RONGMONGVE AND SAMELANGGSO ICDS PROJECT RONGMONGVE KARBI ANGLONG DIPHU Page No.# 2/4 ASSAM 5:PROGRAMME OFFICER DIVISIONAL ICDS CELL KARBI ANGLONG DIPHU ASSAM 6:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI781006 ASSAM. 7:ACCOUNTANT GENERAL (AAND E) MAIDAMGAON BELTOLA GUWAHATI DIST. KAMRUP(M) 8:THE TREASURY OFFICER DIPHU DIST.-KARBI ANGLONG ASSAM Advocate for the Petitioner : MR. Z H BORA, MR. S BORTHAKUR,MS M BORA,MS. S KAKATI,MR. A DEKA Advocate for the Respondent : GA, ASSAM, SC, AG (A AND E),SC, K A A C BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 19.06.2026 Heard Mr. A. Deka, learned counsel for the petitioner. Also heard Ms. S Kemprai, learned Standing Counsel, KAAC and Mr. C.K.S Baruah, learned State Counsel, Assam. 2. The learned counsel for the petitioner has submitted that the petitioner had joined the Howraghat I.C.D.S. Project, Karbi Anglong, in the year 1985, after undergoing a process of interview. The petitioner was thereafter called to Page No.# 3/4 participate in the interview being conducted for the post of Supervisor in the same I.C.D.S. Project by an office order dated 11.01.2000. Being non- consideration of her promotion to the post of Supervisor against the 25% promotional quota for Anganwadi Workers, the petitioner had filed a writ petition being W.P(C) No. 6466/2010. The said petition was disposed of by order dated 06.12.2010 with a direction that the claims of the petitioner for promotion to the post of Supervisor be considered in terms of the prevalent guidelines and the Rules. Thereafter, the petitioner was promoted to the post of Supervisor at Rongmongve & Samelangso, ICDS Project, Rongmongve vide office order dated 10.12.2014 issued by the Programme Officer, Divisional ICDS Cell, Diphu, Karbi Anglong and the petitioner joined at the place of posting on 11.12.2014. The petitioner retired on 30.11.2022. The petitioner thereafter submitted several representations for the grant of service benefits on her retirement, and on the same not being made available to her, she has approached this Court by filing this writ petition. 3. The learned counsel for the petitioner has submitted that the case of the petitioner would be covered by the order dated 23.03.2022, passed in WP(C) No. 1999/2022, wherein this Court had, with regard to a similarly situate candidate, directed the respondent authorities to prepare a pension proposal by taking into account the service rendered by the petitioner in the said case as an Anganwadi worker and thereafter, submit the papers to the office of the Accountant General for final approval and payment of pension, if the petitioner therein had already completed 20 years of service, by taking into account the period of service rendered as an Anganwadi worker as qualifying service. 4. The learned counsel for the petitioner has submitted that the grievance of the petitioner, for the present, can be redressed by directing the respondent Page No.# 4/4 authorities to take into account the service record of the petitioner and thereafter, evaluate whether the petitioner is similarly situated as the petitioner in WP(C) No. 1999/2022 and thereafter, conclude the entitlement of the petitioner to pensionary benefits. He prays that the respondents may be given a time frame within which the aforesaid decision may be taken and the petitioner may be granted the liberty to approach this Court again, if the decision falls against her. 5. The learned counsel for the respondents has not objected to the aforesaid proposal made by the learned counsel for the petitioner. 6. Accordingly, this writ petition is disposed of, directing the respondent authorities to take into account the service records of the petitioner, by requiring the petitioner to submit all necessary details regarding her service before the Programme Officer, Divisional ICDS Cell, Diphu, Karbi Anglong, who shall thereafter take immediate steps to forward the service records to the appropriate authority to decide the entitlement of the petitioner to the pensionary benefits, by keeping in view the submission of the petitioner that she is similarly situated as the petitioner in WP(C) No. 199/2022. The entire process of consideration of the case of the petitioner shall be completed within a period of four months from the date of receipt of a certified copy of this order. The petitioner would be at liberty to approach this Court again, in the event the decision is not in her favor. 7. This petition is accordingly disposed of. No other as to costs. JUDGE Comparing Assistant