SMTI IVARANI CHETIA AND ORS v. THE STATE OF ASSAM AND ORS
WP(C)/1475/2026 · 2026-09-08
N Unni Krishnan Nair
Writ Petition (Civil)body2026
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[ 2026 DAILYLAW 14222 (GAU) · dailylaw.ai ]
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[ 2026 DAILYLAW 14222 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/5 GAHC010048082026
2026:GAU-AS:13429
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1475/2026 SMTI IVARANI CHETIA AND ORS W/O SRI BIREN SONOWAL, RESIDENT OF HOUSE NO. 11940, WARD NO. 11, K B ROAD NORTH LAKHIMPUR, DIST LAKHIMPUR, ASSAM 787001 2: SMTI RIJUMONI DUWARAH W/O SRI KRISHNA KANTA LAHON
RESIDENT OF VILLAGE HARIBOR DALANII PO HARIBOR NAHARANI LALUK DIST LAKHIMPUR ASSAM 784160 3: SMTI JAHANARA BEGUM W/O MD. SHARIFUL ISLAM
RESIDENT OF VILLAGE GOSAI DALANI ISLAMPUR SOLMORA ROAD DIST LAKHIMPUR ASSAM 787054 4: MD. RAFIQUL ISLAM S/O ABDUL JABBAR
RESIDENT OF VILLAGE PANDHOWA PO GORCHIGA DIST LAKHIMPUR ASSAM 787052 5: MD. MOSFIQUR RAHMAN S/O LATE ABDUL GOFUR
Page No.# 2/5 RESIDENT OF VILLAGE PANDHOWA PO GORCHIGA DIST LAKHIMPUR ASSAM 78705 VERSUS THE STATE OF ASSAM AND ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, SACHIVALAYA, DISPUR GUWAHATI 781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPT. SACHIVALAYA DISPUR GUWAHATI 781006 3:THE ACCOUNTANT GENERAL ( A AND E) MAIDAMGAON BELTOLA GUWAHATI 781019 4:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI 781019 5:THE DIRECTOR ACCOUNT AND TREASURIES ASSAM DISPUR GUWAHATI 781006 6:THE DEPUTY INSPECTOR OF SCHOOLS NORTH LAKHIMPUR GUWAHATI ASSAM 781005 7:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR ASSAM 787001 8:THE BLOCK ELEMENTARY EDUCATION OFFICER NOWBOICHA LAKHIMPUR ASSAM 78702 Advocate for the Petitioner : MR A GOHAIN, MR. A DHAR Advocate for the Respondent : SC, EDU, SC, FINANCE,SC, AG (A AND E)
Page No.# 3/5
BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
09/09/2026 Heard Mr. A Dhar, learned counsel for the petitioners. Also Mr. P N Sarma, learned Standing counsel, Elementary Education Department and Mr. S K Medhi, learned Standing counsel, Accountant General (A&E), Assam, appearing for the respondents.
2. The petitioners in the present writ petition have prayed for a direction upon the respondent authorities for refund of the contributions made by them against their respective Permanent Retirement Account Numbers (PRAN) under the New Defined Contributory Pension Scheme, till the date of opening of GPF Accounts, in respect of each of the petitioners.
3. Mr. Dhar, learned counsel for the petitioners, at the outset, has submitted that the petitioners, who were at the time of their initial appointment, brought under the New Defined Contributory Pension Scheme, were later brought under the Old Pension Scheme, i.e., the Scheme as available under the Assam Services (Pension) Rules, 1969, however, the contributions made by the petitioners against their respective PRAN Accounts, have not been refunded to them. Accordingly, the petitioners have instituted the present writ petition.
4. Mr. Dhar, learned counsel for the petitioners, by referring to a communication dated 13.05.2025, issued by the Additional Secretary to the Government of Assam, Administrative Reforms, Training, Pension and Public
Page No.# 4/5 Grievances Department, Guwahati, has submitted that the Government, has already decided to refund the contributions made by the employees against their respective NPS Accounts, after they have been converted from the New Pension Scheme to the Old Pension Scheme. The said contribution in terms of the communication dated 13.05.2025, is to be deposited in the bank accounts of the employees concerned, along with interest.
5. Mr. Dhar, learned counsel for the petitioners submits that the said decision, having already been arrived at by the Government of Assam in the Administrative Reforms, Training, Pension and Public Grievances Department, the present writ petition be disposed of with a direction to the respondent authorities to refund the amount contributed by each of the petitioners against their respective PRAN Accounts, in their respective bank accounts, along with due interest thereon.
6. The learned counsel for the respondents, have not disputed the
submissions made by the learned counsel for the petitioners.
7. Considering the issue arising in the present writ petition, in the light of the communication dated 13.05.2025, issued by the Administrative Reforms, Training, Pension and Public Grievances Department, this Court is of the considered view that the present writ petition need not be detained further for adjudication and can be disposed of by directing the respondent authorities to act in the matter strictly in accordance with the decision contained in the said communication dated 13.05.2025 and to release to the petitioners the contributions made by them against their PRAN Accounts, along with due interest thereon. The amount so involved, be credited in the declared Bank Accounts of each of the petitioners, within a period of 1 (one) month from the
Page No.# 5/5 date of receipt of a certified copy of this order.
8. With the above observations and directions, the present writ petition stands disposed of.
JUDGE Comparing Assistant