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2026 DAILYLAW 451 (GAU)

SMT PAKHILA DAS v. THE STATE OF ASSAM AND 6 ORS

WP(C)/6521/2025 · 2026-01-20

Kaushik Goswami

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010250422025 2026:GAU-AS:633 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6521/2025 SMT PAKHILA DAS W/O. LATE DEBENDRA NATH DAS, VILLAGE AND P.O. - MADHUKUCHI, DISTRICT- KAMRUP, ASSAM, PIN - 781354. VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OFASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PENSION AND PUBLIC GRIEVANCE DEPARTMENT ASSAM DISPUR GUWAHATI-6. 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 4:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT ASSAM JURIPAR SIXMILE GUWAHATI-37. 5:THE DIRECTOR OF PENSION Page No.# 2/3 ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI-6. 6:THE CHIEF EXECUTIVE OFFICER KAMRUP ZILLA PARISHAD AMINGAON P.O. AND DIST. KAMRUP ASSAM PIN- 781031. 7:THE TREASURY OFFICER KAMRUP TREASURY AMINGAON P.O. AMINGAON DIST. KAMRUP ASSAM. PIN- 781031 Advocate for the Petitioner : MR. M ISLAM, MS A KHATUN Advocate for the Respondent : GA, ASSAM, SC, FINANCE,SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 21.01.2026 Heard Mr. M Islam, learned counsel for the petitioner. Also heard Mr. A K Ghosh, learned counsel for the respondent Nos. 1, 4 & 6 as well as Mr. A Chaliha, learned Standing counsel, Finance Department for the respondent Nos. 3 & 7. 2. By way of this writ petition, the petitioner is seeking grant of full pension and other retiral benefits by considering the total length of service reckoned from the date of initial appointment of the petitioner’s husband in the service of the Panchayat. 3. It is submitted at the bar that the issue involved in this writ petition is covered by the Judgment of the Division Bench of this Court rendered in the case of State of Assam and Another vs. Syed Md. Fazlay Rabbi in Writ Appeal no. 145/2009, Page No.# 3/3 wherein the Division Bench of this Court held that the benefit of the provisions of the Assam Panchayat Employees (Provincialisation) Act, 1999 including those for pension and other retirement dues would be available to the provincialized employees in service on or after 01.10.1991, on the basis of the length of their services reckoned from the dates of their initial appointments. 4. In view of the aforesaid endorsement made by the learned counsel for the parties, this Court is of the considered view that this Writ Petition can be disposed of in the line of the aforesaid decision of this Court. It is accordingly ordered. Needless to be said that, the total length of service of the petitioner’s husband Late Debendra Nath Das shall be reckoned from the date of his initial appointment i.e. 11.08.1966, in the service of the Tax Collector for grant of family pension and other retiral benefits. 5. It is further clarified that the entire exercise shall be completed within a period of two months from the date of submission of a certified copy of this order by the petitioner in the office of the respondent nos. 4 & 5 and failing to complete such exercise within the stipulated period, the same shall carry an interest of 6% per annum. 6. With the above observation and direction, the instant writ petition, stands allowed and disposed of. JUDGE Comparing Assistant