Page No.# 1/3 GAHC040018412024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/616/2024 Shri Gautam Hazarika S/o Late Tolan Chandra Hazarika, Milna Nagar, Dibrughar, P.O C.R Building, P.S Chowkidingee, Dibrughar District, Assam. Phone No. 8730806166 VERSUS The State of AP and 2 Others represented by the Chief Secretary, Government of Arunachal Pradesh, Itanagar. 2:The Commissioner/Secretary (Personnel) Age: 0 Occupation : Government of Arunachal Pradesh Itanagar 3:The Director of Audit and Pension Age: 0 Occupation : Government of Arunachal Pradesh Naharlagun Advocate for the Petitioner : Pondit Ronya, Kemo Lollen,Terji Kamchi,Taba Tokur,Khoda Apa,Gamken Bam,T T Tara Advocate for the Respondent : GA (AP), Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER Date : 21.05.2025 Heard Shri T. T. Tara, learned counsel for the petitioner. Also heard Ms. T. Wangmu, learned Government Advocate for the State respondents. 2. The grievance which has been raised by way of this writ petition filed under Article 226 of the Constitution of India is related to the pensionary benefits of the petitioner. The petitioner had retired as the Deputy Commissioner of the Pakke Kessang District in the State of Arunachal Pradesh on 31.12.2021. However, his pensionary benefits were not finalized and therefore, the writ petition has been filed. 3. Shri Tara, learned counsel for the petitioner has submitted that it appears from the record that such action was on the basis of involvement of the petitioner in a criminal case before the District & Sessions Judge-cum-Special Judge (PCA), Teju in connection with SIC (VIG.) P.S. Case No.05/2017, under Sections 120B/468/471 of the IPC. He, however, submits that though at the time of instituting the writ petition, the aforesaid case was at the stage of adducing evidence, subsequently, the criminal case has culminated in a judgment dated 05.05.2025, whereby the petitioner has been exonerated. He, therefore, submits that as of today, there would be no reason for not finalizing the pensionary benefits of the petitioner and releasing the same to him. 4. Ms. Wangmu, learned State Counsel has, on the other hand, submitted that though the reasons specified in paragraph-10 of the writ petition was one of the issues which was pending consideration before finalization of the pension of the petitioner, the said issue appears to have been resolved by the aforesaid Page No.# 3/3 judgment passed by the learned Trial Court. She has submitted that though affidavits by the respondent Nos.2 and 3 have been filed in this proceedings, she has very recently received instructions that after the disposal of the criminal case, the issue of pension has been taken up in the right earnest. She has placed before this Court a communication dated 15.05.2025, issued by the Personnel Department along with an order dated 16.05.2025 by the Department to the Director of Audit & Pension, forwarding the pension papers and service book of the petitioner along with all the necessary enclosures for finalizing the pension. A copy of the aforesaid order dated 16.05.2025 is also handed over to Shri Tara, learned counsel for the petitioner. 5. This Court is of the opinion that since the principal issue regarding finalization of the pension has now been undertaken, as would be evident from the communications placed on record, there is no reason to keep this writ petition pending any longer. Accordingly, the writ petition is closed by directing the authorities to bring the issue of finalizing and release of the pensionary benefits to the petitioner expeditiously, and preferably within an outer limit of 2 (two) months from today. 6. The writ petition stands disposed. 7. The communications dated 15.05.2025 and 16.05.2025 placed before this Court by the learned State Counsel, are made part of the record. JUDGE Comparing Assistant