Page No.# 1/5 GAHC010248772025 2026:GAU-AS:1167 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/406/2026 BIREN CHANDRA BORA AND ANR SON OF LATE GUPIRAM BORA, RESIDENT OF RUPALI NAGAR, NEAR JMFC, TARAJAN JORHAT, JORHAT EAST, P.O- JORHAT, DIST- JORHAT, ASSAM- 785001. 2: UMESWAR SAIKIA SON OF LATE THANURAM SAIKIA RESIDENT OF BIHPURIA WARD NO. 3 BIHPURIA P.O- BIHPURIA DIST- LAKHIMPUR ASSAM- 784161 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-781006, ASSAM. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI - 781006 ASSAM 3:THE SECRETARY TO THE GOVERNMENT OF ASSAM IRRIGATION DEPARTMENT DISPUR GUWAHATI-781006 ASSAM. 4:THE ASSAM STATE MINOR IRRIGATION DEVELOPMENT CORPORATION Page No.# 2/5 LIMITED REPRESENTED BY ITS MANAGING DIRECTOR ASSAM STATE MINOR IRRIGATION DEVELOPMENT CORPORATION LIMITED ULUBARI GUWAHATI- 781007 ASSAM. 5:THE MANAGING DIRECTOR THE ASSAM STATE MINOR IRRIGATION DEVELOPMENT CORPORATION LIMITED ULUBARI GUWAHATI- 781007 ASSAM For the Petitioner(s) : Mr. P. Bharadwaj, Advocate For the Respondent(s) : Mr. B. Gogoi, Addl. A.G. Mr. C.K.S. Baruah, Govt. Advocate Mr. N. Upadhaya, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 30.01.2026 Heard Mr. P. Bharadwaj, the learned counsel appearing on behalf the petitioners. Also heard Mr. C.K.S. Baruah, the learned Government Advocate appearing on behalf of the respondent No. 1; Mr. B. Gogoi, the learned Additional Advocate General who is also the Standing Counsel for the Finance Department appearing on behalf of the respondent No. 2 and Mr. N. Upadhyay, the learned Standing Counsel, Irrigation Department appearing on behalf of the respondent Nos. 3 to 5. Page No.# 3/5 2. The writ petitioners herein were all employees of the Assam State Minor Irrigation Development Corporation Limited (ASMIDC) which went into liquidation. Consequently, the 302 employees of the ASMIDC were offered Voluntary Retirement Scheme (VRS) which was notified by the departmental Secretary on 13.05.2005. The scheme was subsequently revised by the department vide notification dated 15.02.2006. Accordingly, benefits under the VRS Scheme were extended to all the 302 numbers of employees including the writ petitioners. However, the respondents have failed to pay the amount due and payable as House Rent Allowance (HRA), Medical Allowance (MA) and City Compensatory Allowance (CCA) although the aforesaid allowances, according to the petitioners, were included in the terms and conditions of the VRS scheme. Hence, this writ petition. 3. It appears that earlier a group of similarly situated former employees of ASMIDC had approached this Court by filing WP(C) No.5836/2022 which was disposed of by the learned Coordinate Bench by order dated 24.07.2023 by accepting their similar claim for payment of HRA, MA and CCA. 4. Mr. P. Bharadwaj, the learned counsel appearing on behalf of the petitioners submitted that the case of the present petitioners is squarely covered by the order dated 24.07.2023 Page No.# 4/5 and therefore, this writ petition be also disposed of with a similar direction. 5. Mr. C.K.S. Baruah, the learned Government Advocate, Assam as well as Mr. N. Upadhyay, the learned Standing Counsel, Irrigation Department, Assam have also fairly submitted that the case of the petitioners would be covered by the order dated 24.07.2023 passed by this Court. However, the learned departmental counsel could not confirm as to whether, the aforesaid order of this Court has already been implemented by the departmental authorities or not. 6. Be that as it may, I find from the materials available on record that the writ petitioners in WP(C) No.5836/2022 had also prayed for a direction for payment of HRA, MA and CCA against the same authority. They were also amongst the 302 regular employees of the ASMIDC who were covered under the VRS Scheme notified on 13.05.2005, which was revised by the department vide notification dated 15.02.2006. At this stage, this Court finds it relevant to take note of the observations made by the learned Coordinate Bench of this Court in the order dated 24.07.2023 in WP(C) No. 5836/2022 which is quoted herein under: “Since there is no dispute at the bar that the writ petitioners herein are also similarly situated employees of ASMIDC having similar nature of grievance, Page No.# 5/5 hence, I do not find any justifiable ground to deny a similar relief to the writ petitioners. The writ petition is, therefore, disposed of by providing that the prayer of the petitioners for consideration of HRA, MA and CCA as per clause 1(e) of the VRS Scheme dated 15.02.2006 be considered and the amount found due may be paid to them within a period of three months from the date of receipt of a certified copy of this order.” 7. This Court is of the opinion that the petitioners being similarly situated are entitled to similar directions. Accordingly, the instant writ petition stands disposed of with the following observations and directions: (i) The respondent Nos. 4 and 5 are directed to consider, as to whether, the petitioners are entitled to the amounts in respect to HRA, MA and CCA as per Clause 1(e) of the VRS Scheme dated 15.02.2006. (ii) It is further directed that if upon verification it is found that the petitioners are entitled to any amount, the same be paid to the petitioners. (iii) The entire exercise be completed within 4 (four) months from the date a certified copy of the order is served upon the respondent No. 5. JUDGE Comparing Assistant