Page No.# 1/9 GAHC010185732021 2026:GAU-AS:11467 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6971/2021 MR. HIRU MAHANTA AND 27 ORS SON OF LATE NITYANANDA MAHANTA, RESIDENT OF PUBERUN PATH, BAGHARBORI, P.O. PANJABARI, P.S. SATGAON, GUWAHATI-37, DISTRICT- KAMRUP(M), ASSAM. 2: MANESWAR BRAHMA SON OF LATE UPEN CHANDRA BRAHMA RESIDENT OF NAMGHAR PATH BAGHARBORI P.O. PANJABARI GUWAHATI-37 DISTRICT- KAMRUP (M) ASSAM. 3: SURESH GOWALA SON OF SRI RAGHUNATH GOWALA RESIDENT OF GOPINATH NAGAR CHATRIBARI P.O. BIRUBARI P.S. PALTANBAZAR GUWAHATI DISTRICT- KAMRUP (M) ASSAM. 4: DHIREN BEZBORUAH SON OF LATE ARUN BEZBORUAN RESIDENT OF SANTIPUR HILL SIDE P.O. AND P.S. BHARALUMUKH GUWAHATI-9 DISTRICT- KAMRUP (M) ASSAM. 5: BASANTA KALITA SON OF LATE PRABIN KALITA RESIDENT OF BAGHARBORI Page No.# 2/9 P.O. PANJABARI P.S. SATGAON GUWAHATI-37 DISTRICT-KAMRUP (M) ASSAM 6: BABUL DEKA SON OF SRI ARABINDA DEKA RESIDENT OF SRIMANTA SANKARDEVA KALAKSHETRA COMPLEX P.O. PANJABARI GUWAHATI-37 DISTRICT- KAMRUP (M) ASSAM. 7: PRAFULLA BHATTA SON OF LATE ADYANATH BHATTA RESIDENT OF SRIMANTA SANKARDEVA KALAKSHETRA COMPLEX P.O. PANJABARI GUWAHATI-37 DISTRICT-KAMRUP (M) ASSAM. 8: SUBHAS SARMA SON OF SRI DINAMONI SARMA RESIDENT OF CHENIKUTHI P.O. SILPUKHURI P.S. CHANDMARI GUWAHATI-3 DISTRICT-KAMRUP (M) ASSAM. 9: CHANDRADHAR HAZARIKA SON OF LATE ADYANATH BHATTA RESIDENT OF CHANEKI PATH BAGHARBORI P.O. PANJABARI P.S. SATGAON GUWAHATI-37 DISTRICT- KAMRUP (M) ASSAM. 10: RATNESWAR HAJONG SON OF LATE DEBI CH. HAJONG RESIDENT OF BONDA COLONY P.O.BONDA P.S.-CHANDRAPUR DISTRICT-KAMRUP (M) ASSAM. Page No.# 3/9 11: HEMEN DEKA SON OF LATE AKSHAY DEKA RESIDENT OF SRIMANTA SANKARDEVA KALAKSHETRA COMPLEX P.O. PANJABARI GUWAHATI-37 DISTRICT- KAMRUP (M) ASSAM. 12: ANIL PATHAK SON OF LATE GOJENDRA NATH PATHAK RESIDENT OF CHANDMARI AMIYA NAGAR P.O. AND P.S. CHANDMARI GUWAHATI-3 DISTRICT- KAMRUP (M) ASSAM 13: SMTI MIRA SHARMA DAUGHTER OF LATE GOURI SHARMA RESIDENT OF SRIMANTA SANKARDEVA KALAKSHETRA COMPLEX P.O. PANJABARI GUWAHATI-37 DISTRICT-KAMRUP (M) ASSAM. 14: SMTI JURIMONI SAIKIA DAUGHTER OF LATE BAP CHANDRA SAIKIA RESIDENT OF SRIMANTA SANKARDEVA KALAKSHETRA COMPLEX P.O. PANJABARI GUWAHATI-37 DISTRICT-KAMRUP (M) ASSAM. 15: GOPAL SONAR SON OF LATE LALBAHADUR SONAR RESIDENT OF SRIMANTA SANKARDEVA KALAKSHETRA COMPLEX P.O. PANJABARI GUWAHATI-37 DISTRICT-KAMRUP (M) ASSAM. 16: MD. FIROZ ALI MD. FAZIR ALI RESIDENT OF HOMEO COLLEGE ROAD BAGHARBORI P.O. PANJABARI GUWAHATI Page No.# 4/9 DISTRICT- KAMRUP (M) ASSAM. 17: KAMAL CHAKRABORTY SON OF LATE BIPIN CHAKRABORTY RESIDENT OF GITANAGAR AMAYAPUR P.O. AND P.S. NOONMATI GUWAHATI DISTRICT- KAMRUP (M) ASSAM. 18: SMTI BONTI BURAGOHAIN DAUGHTER OF LATE MOHAN BURAGOHAIN RESIDENT OF SRIMANTA SANKARDEVA KALAKSHETRA COMPLEX P.O. PANJABARI GUWAHATI-37 DISTRICT- KAMRUP (M) ASSAM. 19: SMTI ANUPAMA KHANIKAR DAUGHTER OF LATE KHUTIRAM KHANIKAR RESIDENT OF SRIMANTA SANKARDEVA KALAKSHETRA COMPLEX P.O. PANJABARI GUWAHATI-37 DISTRICT- KAMRUP (M) ASSAM. 20: HEMEN DAS SON OF LATE MUHIRAM DAS RESIDENT OF NABAJYOTI NAGAR BYE LANE NO.7 P.O. PANJABARI GUWAHATI-37 DISTRICT-KAMRUP (M) ASSAM. 21: ASHIM CHUTIA SON OF LATE PRABHAT CHUTIA RESIDENT OF KHETRI P.O. AND P.S. KHETRI DISTRICT-KAMRUP (M) ASSAM. 22: SITARAM BARMAN SON OF LATE LEHERU BARMAN RESIDENT OF SRIMANTA SANKARDEVA KALAKSHETRA COMPLEX P.O. PANJABARI GUWAHATI-37 Page No.# 5/9 DISTRICT-KAMRUP (M) ASSAM. 23: SMTI PURNIMA BONGJANG DAUGHTER OF SHRI NAREN BONGJANG RESIDENT OF VILLAGE- THAKURKUCHI P.O. CHANDRAPUR P.S. PRAJYOTISHPUR DISTRICT-KAMRUP (M) ASSAM. 24: BADAN CHANDRA DAS SON OF SRI BHABEN CH. DAS RESIDENT OF SRIMANTA SANKARDEVA KALAKSHETRA COMPLEX P.O. PANJABARI GUWAHATI-37 DISTRICT-KAMRUP (M) ASSAM. 25: SUKHESWAR BORO SON OF LATE KABINDRA BORO RESIDENT OF RUKMINI NAGAR HOUSING COLONY P.O. AND P.S. DISPUR GUWAHATI-61 DISTRICT- KAMRUP (M) ASSAM. 26: NITYANANDA GOSWAMI SON OF LATE PAHARAM GOSWAMI RESIDENT OF KAILASHNAGARMILL SIDE P.O. PANJABARI GUWAHATI-37 DISTRICT- KAMRUP (M) ASSAM. 27: GAUTAM DEKA SON OF LATE LUHIT DEKA RESIDENT OF SRIMANTA SANKARDEVA KALAKSHETRA COMPLEX P.O. PANJABARI GUWAHATI-37 DISTRICT- KAMRUP (M) ASSAM. 28: MANOJ KUMAR BORAH SON OF SRI PADMA BORAH RESIDENT OF SRIMANTA SANKARDEVA KALAKSHETRA COMPLEX P.O. PANJABARI GUWAHATI-37 Page No.# 6/9 DISTRICT-KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, CULTURAL AFFAIRS DEPARTMENT, DISPUR,GUWAHATI-781006. 2:THE VICE CHAIRMAN SRIMANTA SANKARDEVA KALAKSHETRA SOCIETY PANJABARI GUWAHATI-37 DISTRICT- KAMRUP (M) ASSAM. 3:THE DIRECTOR OF CULTURAL AFFAIRS DEPARTMENT ASSAM RABINDRA BHAWAN GUWAHATI-781001 DISTRICT- KAMRUP (V) ASSAM. 4:THE SECRETARY SRIMANTA SANKARDEVA KALAKSHETRA SOCIETY PANJABARI GUWAHATI-781037 DIST- KAMRUP (M) ASSAM 5:THE COMMISSIONER AND SECRETARY TO THE FINANCE DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI-6. 6:THE LIFE INSURANCE CORPORATION OF INDIA REPRESENTED BY THE REGIONAL MANAGER REGIONAL BRANCH PANBAZAR GUWAHATI- 781001 Advocate for the Petitioner : MR B BURAGOHAIN, MR. N BORUAH Advocate for the Respondent : GA, ASSAM, MR A DEY(R2,4),MR. B SARMA(R2,4),MR. R SARMA(R2,4),SC, FINANCE DEPARTMENT,MR. J K GOSWAMI (r-2,4),MR. J BARMAN (r-2,4),J TALUKDAR Page No.# 7/9 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 13.08.2026 Heard Mr. N. Boruah, learned counsel for the petitioners. Also heard Mr. S. Baruah, learned Government Advocate, for the respondent Nos. 1 & 3; Mr. R. Sarma, learned counsel for the respondent Nos. 2 & 4 and Mr. B. Gogoi, learned Additional Advocate General, Assam, for the respondent No. 5. [2.] Having regard to the nature of grievance projected by the petitioners and the developments that has taken place after the filing of the writ petition, the writ petition is taken up for disposal. [3.] Twenty eight (28) petitioners have joined hands to file the instant writ petition. According to them, they are working as temporary employees under the Srimanta Sankaradeva Kalakhetra Society (Society in short) and they were brought under the regular scale of pay vide Office Order dated 20.06.2018. Apart from the regular scale of pay, allowances admissible to the employees of the State Government have also been extended to them. It is the case of the petitioners that sixteen (16) similarly situated employees of the Society have been made to be covered under the Life Insurance Corporation of India Group Insurance Scheme with the initiation of the Cultural Affairs Department, whereby the employees enjoys retirement benefits such as pension, gratuity and leave encashment. Despite having been brought under the regular scale of pay, the petitioners not being included under the said scheme have approached this Court through the instant writ petition. Page No.# 8/9 [4.] The respondent Nos. 2 & 4 (Society) have filed their affidavit-in-opposition on 30.07.2026, wherein, they have stated that the Government was approached for introduction of the gratuity schemes from April, 2026 but no response was received. Therefore, the Society had a discussion with the LICI authorities for extension of the gratuity to the petitioners and after such discussion, it was agreed that the Society will deposit the required fund with the LICI, which is to the tune of Rs.41,59,365/-. It was further agreed upon that the Society will initially deposit Rs.6,45,000/- and the remaining balance amount in five (5) equal installments. It is further the contention of the respondent Nos. 2 & 4 that it was confirmed in the said meeting that the Society has already introduced the leave encashment benefit scheme covering all regular employees which would include the petitioners as well. Paragraph No. 4 of the said affidavit-in- opposition is abstracted hereunder for ready perusal:- “4. That the deponent begs to state that the office of the deponent had discussed the matter of the petitioner’s claim in its executive councils meeting dated 11/3/2026 made a detailed discussion in the matter. The Executive Council meeting advised to introduce the gratuity scheme giving from April, 2026. In the meeting it was discussed that the Srimanta Sankardev Kalakshetra Society forwarded a proposal to the Govt. of Assam for grant leave encashment, gratuity and pension to the petitioners by creating a new head of account 21(7), but no response was received from the end of Govt. till date. Under such circumstances, the respondent society discussed the matter with LICI and after discussion, the respondent was asked to pay Rs.6,45,000/- as the first instalment dues during the financial year 2026-27 out of the total amount of Rs.41,59,365/- for payment of gratuity to the petitioners w.e.f. June, 2018. It was agreed by the LICI that the respondent Society shall pay the remaining amount in 5 equal instalment. In the meeting it was confirmed that the society has already Page No.# 9/9 introduced the Leave Encashment benefit scheme covering all regular employees including the writ petitioners in the present case.” [5.] Mr. R. Sarma, learned counsel for the Society, submits that since the petitioners are the employees of the Society they will not be entitled to pension as claimed by them except for the gratuity and the leave encashment benefits as already stated in the affidavit. [6.] The learned counsel for the petitioner, Mr. N. Boruah, submits that since the meeting with the LICI has been successful as stated in the affidavit and, therefore, the main grievance of the petitioner having been met, the writ petition can be closed. [7.] In view of above, the writ petition stands closed. JUDGE Comparing Assistant