Page No.# 1/6 GAHC010070762022 2026:GAU-AS:11488 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2559/2022 ON THE DEATH OF DR. DILIP KUMAR BARUAH, HIS LEGAL HEIR MRS. LONI BARUAH W/O- LATE DR. DILIP KUMAR BARUAH, R/O- M.G. ROAD, KAYENPATTY, P.O. NAGAON, P.S. NAGAON (SADAR), DIST. NAGAON, ASSAM, PIN- 782001. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI-781006. 2:THE DIRECTOR OF HEALTH SERVICES ASSAM HEALTH COMPLEX HENGRABARI GUWAHATI PIN- 781036. 3:THE JOINT DIRECTOR HEALTH AND FAMILY WELFARE DEPARTMENT JORHAT ASSAM PIN- 785001. 4:THE DIRECTOR OF PENSION AND PUBLIC GRIEVANCES GOVERNMENT OF ASSAM. 5:THE ACCOUNTANT GENERAL (A AND E) ASSAM. Page No.# 2/6 6:THE SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6 Advocate for the Petitioner : MR. D BHUYAN, MR N SARMA Advocate for the Respondent : SC, HEALTH, SC, FINANCE DEPTT.,MR. C.S. HAZARIKA, GA, ASSAM,MR. R.K. TALUKDAR, SC, AG BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 13-08-2026 Heard Mr. D. Bhuyan, learned counsel for the petitioner. Also heard Mr. D. Upamanyu, learned Standing Counsel for the Health and Family Welfare Department of Government of Assam, for the respondents No. 1, 2 and 3 and Mr. C.K.S. Baruah, learned State counsel for the State respondent and Mr. R.K. Talukdar, learned counsel for the Accountant General (A&E), for the respondent No. 5. 2. This writ petition has been filed, praying for a direction to the respondent authorities to release the pensionary/financial benefits to the petitioner for the period of 22 years of continuous service from 27.02.1976 to May, 1998. 3. During the pendency of the writ petition, the petitioner had expired on 13.09.2022. Accordingly, the wife of the petitioner has been allowed to be substituted in the present proceedings. 4. The case projected is that the late petitioner was initially appointed for a Page No.# 3/6 period of 4 (four) months as Health Officer-I temporarily vide an order dated 27.02.1976 under the Health and Family Planning (A) Department, Government of Assam and was posted to Goalpara. After extension of his service, the respondent authorities have confirmed the service of the petitioner as Medical & Health Officer-I, vide an order dated 04.10.1988. Thereafter, he was promoted to the post of Senior Medical & Health Officer and was posted at Nagaon Civil Hospital and subsequently, was transferred to Jorhat Civil Hospital as Senior Medical & Health Officer vide an order dated 06.09.1997. 5. It is projected that the petitioner after 6 (six) months of service at Jorhat Civil Hospital, requested for medical leave and went to Guwahati for his treatment. After completion of his medical treatment, the late petitioner went to Jorhat to resume his duty, however, he was not allowed to join. The leave requested for the petitioner was not granted by the authority. Having not been allowed to join/resume his duties at Jorhat Civil Hospital, he had returned back to Nagaon in the month of May, 1998. 6. It is the claim of the petitioner that since the late petitioner was serving from the year 1976 to May, 1988, for about 22 (twenty two) years, he is entitled to be paid all the pensionary/financial benefits that accrued to him from the date of his appointment to the last date of his service i.e. the month of May, 1998 for about 22 (twenty two) years. 7. The late petitioner submitted a representation on 24.02.2022 before the Joint Director of Health Services, Health and Family Welfare Department, Jorhat, praying for release the service benefits to the petitioner. However, the same has Page No.# 4/6 not been attended to. Therefore, it is the submission of the petitioner that the respondent authorities may be directed to release the pensionary/financial benefits in respect of the late petitioner for the period of 22 (twenty two) years of continuous service from 27.02.1976 to the date of his last service i.e. May, 1998. 8. The respondent authorities by filing the affidavit-in-opposition have taken a stand that though Jorhat Civil Hospital was under the Joint Director of Health Services, but all records relating to the employees, programs, salary/wages etc., were solely managed by the Jorhat Civil Hospital itself at that relevant point of time. In the year 2009, before the functioning of Jorhat Medical College, Jorhat Civil Hospital was fully abolished by the Government and the employees were transferred to various health institutions under Jorhat district. Due to such developments, the valuable data and official documents of Jorhat Civil Hospital were lost on account of immediate shifting of the hospital. Therefore, not a single record is found in respect of the Late Dr. Dilip Kumar Baruah (deceased petitioner herein). Accordingly, had prayed for a direction to the petitioner to produce the documents. 9. On such stand of the respondent authorities, the petitioner filed an additional affidavit, enclosing all the required documents. 10. The respondent No. 2 has filed an additional affidavit, reflecting that during the pendency of the writ petition, the monthly pension on a provisional basis amounting to Rs.4,219/- (Rupees Four Thousand Two Hundred and Nineteen) has been released, and also released his outstanding arrear salary Page No.# 5/6 amounting to Rs.11,88,098/- (Rupees Eleven Lacs Eighty Eight Thousand and Ninety Eight). However, the GPF, GIS and leave encashment benefit could not be released due to non-availability of necessary documents in the office of the Joint Director of Health Services, Jorhat. 11. It is also stated that although the petitioner has submitted certain documents in order to facilitate the release of GPF, GIS and leave encasement benefits on 30.10.2024; the documents being not authentic, did not facilitate the release of GPF, GIS and leave encashment benefits claimed by the petitioner. 12. This Court having considered the grievance of the petitioner and the issue involved and taking note of the above facts, directed the respondent authorities to obtain instructions from time to time and as prayed for by the learned counsel for the respondents. However, no concrete instructions could be placed. 13. When the matter is taken up today for hearing today, Mr. D. Upamanyu, learned Standing Counsel for the Health Department of Government of Assam, by placing the communication dated 13.12.2024 from the Joint Secretary to the Government of Assam, Health and Family Welfare Department, again prays for time for appropriate decision regarding the finalisation of family pension of the late petitioner, based on Rule 64 (b) of the ASPR, 1969. 14. Upon consideration of the matter in its entirety, this Court is of the considered view that no useful purpose would be served by keeping this petition pending as it would not be the interest of the parties to keep the matter Page No.# 6/6 pending in view of the fact that the respondent authorities are required to take appropriate decision regarding the finalization of the claim of the petitioners in respect of the late petitioner. The issue requires immediate attention from the respondent authorities to take a final decision in accordance with law as the facts are not disputed as regards the services of the petitioner, but, the rule applicable is required to be invoked for finalization of the claim of the petitioner. 15. In that view of the matter, this Court is of the considered view that the writ petition is deserved to be disposed of with a direction to the respondent authorities to finalize the claim of the petitioner in accordance with the applicable rules. Accordingly, the respondents, particularly, Commissioner and Secretary to the Government of Assam, Health and Family Welfare Department, Director of Pension and Public Grievances, Government of Assam, Accountant General (A & E), Assam as well as the Secretary to the Government of Assam, Finance Department, to finalize the claim of the petitioner, within a period of 2 (two) months from the date of receipt of certified copy of this order. Thereafter, release the due entitlements i.e. GPF, GIS and leave encashment benefits, to the petitioner within 1 (one) month from the date of finalization. 16. Writ petition stands disposed of in terms of the above directions. JUDGE Comparing Assistant