Page No.# 1/6 GAHC010281422023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7617/2023 ANITA DUTTA ALIAS ANITA KAUNDA W/O LATE MADHAB DUTTA, D/O LATE ANIL KAUNDA, P/R/O FLAT 10 P 98, BLOCK B, LAKE TOWN, KOLKATA, WEST BENGAL, DIST-NORTH 24 PARAGANAS, PIN-700089 VERSUS THE STATE OF ASSAM AND 9 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION DEPARTMENT (SECONDARY), DISPUR, GUWAHATI, ASSAM, PIN-781006 2:THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF EDUCATION HIGHER EDUCATION GOVERNMENT OF ASSAM EDUCATION DEPARTMENT DISPUR GUWAHATI ASSAM PIN-781006 3:THE DEPUTY SECRETARY DEPARTMENT OF EDUCATION HIGHER EDUCATION GOVERNMENT OF ASSAM EDUCATION DEPARTMENT DISPUR GUWAHATI ASSAM PIN-781006 Page No.# 2/6 4:THE UNDER SECRETARY TO THE GOVT. OF ASSM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI ASSAM PIN-781006 5:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI ASSAM PIN-781019 6:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR ASSAM PIN-781006 7:ACCOUNTANT GENERAL ASSAM MOIDAMGAON BELTOLA GUWAHATI ASSAM PIN-781029 8:THE FINANCE AND ACCOUNTS OFFICER OFFICE OF THE DIRECTOR OF PENSION GOVERNMENT OF ASSAM HOUSEFED COMPLEX DISPUR ASSAM PIN-781006 9:THE INSPECTOR OF SCHOOLS DIBRUGARH DISTRICT CIRCLE DIST-DIBRUGARH ASSM PIN-786001 10:THE PRINCIPAL OF VICTORIA GIRLS HIGHER SECONDARY SCHOOL H.S ROAD DIBRUGARH P.O.-DIBRUGARH ASSAM Page No.# 3/6 PIN-78600 Advocate for the Petitioner : MR M SAHEWALLA, ANUBRATA DUTTA,MS T J SAHEWALLA Advocate for the Respondent : SC, SEC. EDU., MRS DIPANJALI BORPUJARI (r-10),SC, AG,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 25.09. 2026 Heard Ms. Anita Dutta, petitioner in person. Also heard Mr. B. Kaushik, learned Standing Counsel for the Respondents, Ms. P. Das, learned Standing Counsel, Secondary Education. 2. It is submitted by the petitioner in person that this writ petition has been filed with the following prayers: “i. A Writ of or in the nature of Mandamus to show cause before the Hon'ble Court for the delay caused to disburse the actual amount of pension to the petitioner for the prolonged period of time. ii. A Writ of or in the nature of Mandamus directing the respondent authorities to disburse the final pension benefits to the petitioner without further delay. iii. A Writ of or in the nature of Mandamus to clear all dues in connection with the accepted voluntary retirement from Page No.# 4/6 services by the petitioner without any further delay. iv. A Writ of or in the nature of Certiorari upon the respondent authorities to transmit forthwith all records and/or documents in connection with the matter related to the petitioner. v. Rule NISI in terms of prayers in (i) (ii), (iii) and (iv). vi. Rule is made absolute. vii. Any further order(s) and/or direction and/or directions as Your Lordship shall deem fit and proper.” 3. Pursuant to issuance of notice, the pleadings were exchanged. On the facts pleaded before this Court, the grievance of the petitioner appears to be that she was allowed to go on voluntary retirement by treating her resignation letter as an application for the same, which was subsequently not accepted by the Department. As a consequence thereof, her pension and other service benefits were not released. However, the petitioner is receiving her provisional pension and, on the basis of several directions issued by the Court, the Department finally passed a speaking order dated 17.08.2026, issued by the Commissioner & Secretary, Government of Assam, Department of School Education, rejecting her application with the following orders: “Upon careful consideration of the facts and circumstances of the case, the orders of the Hon'ble Gauhati High Court, and the views of the ARTP&PG Department and Finance (Estt.-A) Department, it is hereby held that Smt. Anita Dutta did Page No.# 5/6 not satisfy the prescribed conditions for voluntary retirement, as she had neither attained 50 years of age nor completed 20 years of qualifying service at the relevant time. Accordingly, conversion of her resignation into voluntary retirement is not legally sustainable, and relaxation of FR 56(c) under Rule 234 of the Assam Services (Pension) Rules, 1969, is not considered permissible. The proposal of Director of Secondary Education for such relaxation is, therefore, not acceptable and accordingly regretted.” 4. On a pointed query made by this Court, as to whether the petitioner, appearing in person, would like to amend the writ petition and assail the said order, the petitioner, appearing in person, submits that she would like to file a fresh writ petition challenging the said order. 5. In the opinion of the Court, since the prayer of the writ petitioner was that her resignation letter, which had already been accepted and converted into voluntary retirement, and on the basis of which the petitioner has received the Gratuity and Provisional Pension, the matter needs to be finalized and her regular pension to that effect is to be released by the Department. 6. However, from the speaking order, which was placed before the Court, by the learned Standing Counsel, Mr. B. Kaushik, it is clear that the Department has rejected the proposal of claim for conversion of her resignation letter into voluntary retirement, as it was held to be not legally sustainable. Further, relaxation of FR 56(C) under Rule 234 of the Assam Services (Pension) Rules, 1969 is not considered to be permissible. Page No.# 6/6 7. In that view of the matter, and in view of the submissions of the petitioner in person that she does not wish to seek or pray for an amendment of the writ petition to incorporate a further challenge to the said speaking order, rather, she would like to file a fresh writ petition, accordingly, this writ petition stands closed without expressing anything on the merits. 8. Liberty is granted to the petitioner in person to file a fresh writ petition. 9. Interim order(s), if any, stands vacated. 10. Pending I.A(s), if any, are also dismissed. JUDGE Comparing Assistant