Page No. 1/5 GAHC040021382025 2026:GAU-AP:395 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/615/2025 Amoy Morang aged about 65 years, S/o late G.R. Morang, Retired Director, Town Planning and Urban Local bodies, Govt. of AP., District Papum Pare, AP VERSUS The State of AP and Others through the Chief Secretary, Govt. of AP, Itanagar 2:The Commissioner/Secretary Age: 0 Occupation : Department of Town Planning and Urban Local Bodies Govt of AP Itanagar 3:The Director Age: 0 Occupation : Department of Town Planning and urban Local Bodies Govt. of AP Itanagar 4:The Director Age: 0 Occupation : Audit and Pension Govt. of AP Naharlagun 5:The Director of Accounts and Treasury Age: 0 Occupation : Govt. of AP Itanagar Page No. 2/5 Advocate for the Petitioner : Tony Pertin, H K Jamoh,Eddie Payeng Advocate for the Respondent : GA (AP), BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY JUDGMENT Date : 27.04.2026 Heard Mr. T. Pertin, learned counsel for the petitioner and Mr. S. Tapin, learned Senior Government Advocate, Arunachal Pradesh for all the State respondents. 2. The case projected by the petitioner, in brief, is that during his service tenure, the petitioner’s service was under the Department of Town Planning and Urban Local Bodies, Government of Arunachal Pradesh. The petitioner has stated that during his service tenure, he was placed under the suspension in view of registration of a criminal case against him vide PC Case no. 11/2020 registered under Sections 465/471, Indian Penal Code [IPC] read with Section 13[1][d] and Section 2 of the Prevention of Corruption Act. After conclusion of the trial upon framing of charges against the afore-stated sections, the petitioner was acquitted from the charges by a Judgment and Order dated 13.11.2019 passed by the Court of learned Special Judge [PC Act], West Session Division, Yupia, Papum Pare District [A.P.] [‘the Trial Court’, for short]. It is stated that no appeal has been preferred by the State against the Judgment and Order dated 13.11.2019 resulting in acquittal of the petitioner from the said charges and as a result, the same has attained finality. 3. Subsequent to the Judgment and Order dated 13.11.2019, the petitioner was reinstated into his service. After serving his remaining service period, he retired from service on attaining the age of superannuation on 31.07.2020. It is the further case of the petitioner that he retired from the service as the Director of Town Planning and Urban Local Bodies, Government of Arunachal Pradesh. After his retirement on superannuation, the petitioner duly submitted his pension papers before the competent authority for release of his pension and other retiral benefits like gratuity, commutation value, leave encashment, GPF/CPF, etc. When Page No. 3/5 the retirement the benefits were not processed and disbursed to the petitioner despite elapse of sufficient time period, the petitioner submitted Representations on various dates including 22.07.2022, 10.08.2022, 11.08.2022, 16.08.2022, 30.07.2025, 05.09.2025 and 09.10.2025. Aggrieved by and dissatisfied with the delay in processing the pension papers of the petitioner and the delay occurred in release of the pension and other retirement benefits of the petitioner, the petitioner has approached this Court by the instant writ petition seeking inter alia a direction to the respondent authorities to process and release the same in favour of the petitioner forthwith. 4. An affidavit-in-opposition has been filed by the respondent no. 4 wherein it is stated that the Directorate of Town Planning and Urban Local Bodies, Government of Arunachal Pradesh and the Department of Town Planning and Urban Local Bodies, Government of Arunachal Pradesh after processing the pension papers, required to forward the same to the Directorate of the Directorate of Audit & Pension, Government of Arunachal Pradesh for necessary action. In the affidavit, it is further mentioned that neither the petitioner’s pension book nor the pension papers have been received in the Directorate of Audit & Pension, Government of Arunachal Pradesh and in absence of the said documents, the matter of pension and other retirement benefits in respect of the petitioner could not be processed and settled. 5. Mr. Tapin, learned Senior Government Advocate, Arunachal Pradesh appearing for the State respondents has submitted, on instructions, that when the petitioner was serving in the substantive post of Assistant Town Planner, he was allowed to serve in the post of Town Planner on ad-hoc basis and thereafter, also as a Director of Town Planning and Urban Local Bodies on ad-hoc basis. He has submitted that the Department / Directorate of Town Planning and Urban Local Bodies, Government of Arunachal Pradesh are considering the matter of regularisation of the petitioner in the posts of Town Planner and Director and in the process, the delay in settling the matter of pension and other retirement benefits has occurred. He has submitted that after settling the matter of regularisation in the posts of Town Planner and/or Director in the Directorate of Town Planning and Urban Local Bodies, Government of Arunachal Pradesh, the pension papers of the petitioner’s would be forwarded Page No. 4/5 to the Directorate of Audit & Pension, Government of Arunachal Pradesh for further processing and release of the pension and other retirement benefits, found entitled to the petitioner. He has submitted that to complete the entire formalities, a period of 6 [six] months would be necessary. 6. On a query to Mr. Tapin, he has submitted that though the petitioner has retired from service on superannuation on 31.07.2020, no provisional pension has been released in favour of the petitioner till date. 7. As a period of more than 5 [five] years and 8 [eight] months has elapsed since the retirement of the petitioner on superannuation on 31.07.2020, the petitioner is at least vested with the right to receive provisional pension which in a case of non-settlement of pension, is to be disbursed forthwith. 8. Taking into consideration the above submissions of Mr. Tapin, learned Senior Government Advocate, this Court is of the considered view that instead of keeping this writ petition pending, the same can be disposed of with a direction to the State respondents to complete the entire formalities regarding regularisation of service of the petitioner in the posts of Town Planner and/or Director of Town Planning and Urban Local Bodies and thereafter, to process and settle the claim of the petitioner for pension and other retirement benefits as expeditiously as possible but within an outer limit of 6 [six] months from the date of receipt of a certified copy of this order by the petitioner at the office of the respondent no. 2. It is accordingly ordered. 9. The respondents shall ensure to disburse the provisional pension of the petitioner taking into consideration his substantive post within a period of one month from the date of submission of the certified copy of this order. 10. With the observation made and direction given above, the writ petition is disposed of. JUDGE Page No. 5/5 Comparing Assistant