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2026 DAILYLAW 592 (GAU)

BINOD KUMAR ROY AND 8 ORS v. THE STATE OF ASSAM AND 10 ORS

WP(C)/133/2026 · 2026-01-26

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/6 GAHC010276482025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/133/2026 BINOD KUMAR ROY AND 8 ORS S/O- LATE BRAJENDRA KISHOR ROY, R/O VILL- BHETAGAON NO-2, P.O.- BIJNI P.S.- BIJNI, DIST.- CHIRANG, ASSAM, PIN-783390 2: KALI PRASAD SINGH S/O- LATE JAY NARAYAN SINGH R/O- VILL- ITKHOLA SILCHAR P.O.- ITKHOLA DIST.- CACHAR ASSAM PIN- 788002 3: DARAZUL ISLAM S/O- LATE BHAKTARUDDIN AHMED R/O- VILL- MANGALDAI GAON P.O.- MANGALDAI P.S.- MANGALDAI DIST.- DARRANG ASSAM PIN- 784125 4: NASER AHMED S/O- LATE TOFAZUL AHMED R/O- VILL- ABHAYAPURI NEAR PWD MECHANICAL DIVISION P.O.- ABHAYAPURI P.S. ABHAYAPURI DIST.- BONGAIGAON ASSAM PIN- 783384 5: MUKUNDA KUMAR DAS Page No.# 2/6 S/O- SATYANATH DAS R/O- VILL- ABHAYAPURI P.O. ABHAYAPURI P.S. ABHAYAPURI DIST.- BONGAIGAON ASSAM PIN- 783384 6: SHANTANU BHATTACHARJEE S/O- LATE SISHIR KUMAR BHATTACHARJEE R/O- VILL- BRAHMAN GRAM P.O.- KALAIN DIST.- CACHAR ASSAM PIN- 788815 7: SAMIR RANJAN BARMAN S/O- LATE UMACHARAN BARMAN R/O- VILL- SADAGRAM P.O.- DHALAI BAZAR DIST.- CACHAR ASSAM PIN- 788114 8: DEBASISH CHAKRABARTY S/O- LATE DWIJENDRA KUMAR CHAKRABARTY R/O- VILL- TARAPUR SIBBARI ROAD P.O.- SILCHAR DIST.- CACHAR ASSAM PIN- 788003 9: KHAGEN CHANDRA BRAHMA S/O- LATE MATIRAM BRAHMA R/O- VILL- PUB SALBARI P.O.- RUNIKHATA P.S. RUNIKHATA DIST.- CHIRANG ASSAM PIN- 78337 VERSUS THE STATE OF ASSAM AND 10 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM,HOME DEPARTMENT,DISPUR, GUWAHATI-6 Page No.# 3/6 2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6 3:THE ASSAM POLICE HOUSING CORPORATION LTD. REPRESENTED BY ITS CHAIRMAN REHABARI GUWAHATI- 781008 4:THE MANAGING DIRECTOR ASSAM POLICE HOUSING CORPORATION LIMITED REHABARI GUWAHATI- 781008 5:THE CHIEF ENGINEER ASSAM POLICE HOUSING CORPORATION LIMITED REHABARI GUWAHATI- 781008 6:THE DEPUTY PROJECT ENGINEER ASSAM POLICE HOUSING CORPORATION LIMITED REHABARI GUWAHATI- 781008 7:THE EXECUTIVE ENGINEER ASSAM POLICE HOUSING CORPORATION LIMITED MANDAKATA SUB UNIT MANDAKATA P.O.- MANDAKATA DIST.- KAMRUP (R) (ASSAM) PIN- 781121 8:THE EXECUTIVE ENGINEER ASSAM POLICE HOUSING CORPORATION LIMITED SILCHAR SUB UNIT KATHAL ROAD PO- SILCHAR DIST.- CACHAR (ASSAM) PIN- 788001 9:THE EXECUTIVE ENGINEER ASSAM POLICE HOUSING CORPORATION LIMITED TEZPUR SUB-UNIT TEZPUR PO- TEZPUR DIST.- SONITPUR (ASSAM) PIN- 784001 Page No.# 4/6 10:THE EXECUTIVE ENGINEER ASSAM POLICE HOUSING CORPORATION LIMITED GUWAHATI UNIT REHABARI GUWAHATI- 781008 11:THE EXECUTIVE ENGINEER ASSAM POLICE HOUSING CORPORATION LIMITED BONGAIGAON SUB UNIT BONGAIGAON DIST.- BONGAIGAON (ASSAM) PIN- 78339 For the petitioner (s) : Mr. K. R. Patgiri, Advocate For the respondent (s) : Ms. M. Bhattacharjee, Advocate Mr. R. BNorpujari, SC, Finance BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 27.01.2026 Heard Mr. K. R. Patgiri, the learned counsel appearing on behalf of the petitioners. Ms. M. Bhattacharjee, the learned counsel appears on behalf of the respondent No.1 and Mr. R. Borpujari, the learned counsel appears on behalf of the Finance Department of the Government of Assam. 2. The present writ petition has been filed by the petitioners challenging the order dated 09.06.2022 whereby the services of various Work Charged Section Assistants, Work Charged Junior Page No.# 5/6 Assistants, Work Charged Peon and Chowkidar whose names have been mentioned in the said order dated 09.06.2022 have been held to be entitled to avail the leave encashment benefit w.e.f. 01.05.2022 and until further orders. 3. Mr. K. R. Patgiri, the learned counsel appearing on behalf of the petitioners submitted that taking into account that it was a decision taken only on 29.04.2022 that leave encashment benefit would be only provided to the Work Charged Section Assistants, Work Charged Junior Assistants, Work Charged Peon and Chowkidar who worked in the Assam Police Housing Corporation, the petitioners herein would not like to further pursue the instant proceedings. However, he submitted that in the circumstance the petitioners are not being paid in terms with the order dated 09.06.2022, the petitioners should be given the liberty to again approach this Court. 4. Taking into account the above, the instant writ petition stands closed on withdrawal. 5. Liberty is given to the petitioners to represent before the Respondent Authorities to avail benefits in terms with the order dated 09.06.2022. 6. It is further observed that in the circumstance, the petitioners are not being provided the leave encashment benefits Page No.# 6/6 in terms with the order dated 09.06.2022, the petitioners would be at liberty to approach this Court. JUDGE Comparing Assistant