Page No.# 1/5 GAHC010096682026 2026:GAU-AS:7254 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1618/2026 SMTI KAMINI DAS W/O- LATE UMESH CH. DAS, R/O- VILLAGE- AHOPA, P.O. AHOPA, P.S. MUSHALPUR, DISTRICT- BAKSA, BTAD (ASSAM) VERSUS THE STATE OF ASSAM REPRESENTED BY THE SECRETARYE TO THE GOVERNMENT OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE CHIEF ENGINEER IRRIGATION ASSAM CHANDMARI GUWAHATI- 781003. 3:THE ACCOUNTANT GENERAL A AND E ASSAM MAIDAMGAON BELTOLA GUWAHATI- 781036. 4:THE EXECUTIVE ENGINEER PATHSALA DIVISION IRRIGATION PATHSALA. 5:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI- 06. Page No.# 2/5 6:THE SECRETARY GOVERNMENT OF ASSAM DEPARTMENT OF FINANCE JANATA BHAWAN DISPUR ASSAM GUWAHATI- 06. 7:THE TREASURY OFFICER PATHSALA SUB TREASURY DISTRICT- BAJALI ASSAM Advocate for the Petitioner : MR H DAS, D BARUAH,MR. B C DEKA Advocate for the Respondent : SC, IRRIGATION, SC, AG,SC, HEALTH,MR P NAYAK,SC, FINANCE DEPTT. BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 25.05.2026 Heard Mr. H. Das, learned counsel appearing for the applicant. Also heard Mr. R. Borpujari, learned counsel appearing for the opposite party nos.6 & 7 and Mr. S.K. Medhi, learned counsel appearing for the opposite party no.3. None appears for the opposite party nos. 1, 2, 4 & 5. 2. The applicant is this I.A. has prayed for leave to amend the writ petition in the following manner : 2. That in Page No. 1 of the Writ Petition in cause title to add in 2nd clause first line after prayer for release of "Death-cum-Retirement Gratuity (DCRG)" and General Provident Fund (GPF). Prayer for release of Death-cum-Retirement Gratuity (DCRG) and General Page No.# 3/5 Provident Fund (GPF) amount of Rs. 1,01,696/- (Rupees One Lakh One Thousand Six Hundred Ninety-Six) to be released to your petitioner due to death of her husband on 12.01.2017 who was a regularised Grade- IV employee i.e. helper in the Office of the Executive Engineer, Water Resource Department, Pathsala. 3. That in Page No. 7, Para 6 of the Writ Petition in 3rd line in place of "could also" it will be "could not". That under the circumstances your petitioner could be able to receive her family pension also. Apart from the said family pension, she could not receive her Death cum Retirement Gratuity GIS etc. but the GPF amount of Rs.1,01,696/- (closing balance) has not been released to her as in evident from the statement of GPF Account. 4. That in the Page No. 8, Para 7 2nd line to be added after the release her Death-cum-Retirement Gratuity (DCRG) and i.e. before GPF. That in view of the said reason your petitioner has approached this Hon'ble Court to release her Death-cum-Retirement Gratuity (DCRG) and GPF amount of her late husband which is undoubtedly payable to her.. Therefore, she prays for setting aside of the return order dated 28.02.2019 issued by the Treasury Officer, Pathsala Sub-Treasury, addressed to the Sr. accounts Officer, O/O the A.G. (A&E), Assam. 5. That in the Page No. 8, Para 8 2nd line after her Death-cum-Retirement Gratuity (DCRG) and before GPF amount. That your petitioner most respectfully begs to state that there is no impediments to held up her Death-cum-Retirement Gratuity (DCRG) and Page No.# 4/5 GPF amount. Hence this Hon'ble Court may be pleased to set aside letter dated 28.02.2019 in respect of return of GPF account of her late husband Umesh Ch. Das and thereafter release same legally tenable in law. Hence this is a fit case before this Hon'ble Court. For the same there is no any other delay or laches on the part of your petitioner to approach before this Hon'ble Court. 6. That in prayer portion in Page No. 9 15th line to be added after Rs. 1,01,696 (One Lakh One Thousand Six Hundred Ninety-Six Rupees) and Death-cum- Retirement Gratuity (DCRG) amount i.e. before payable. In the premises aforesaid, it is therefore, most humbly prayed that Your Lordships would be pleased to admit this petition, call for the records, issue a Rule calling upon the Respondents as to why writ of Certiorari shall not be issued to set aside the impugned letter dated 28.02.2019 issued by the Treasury Officer, Sub-Treasury, Pathsala and as to why writ of Mandamus shall not be issued to direct the Respondents to release the GPF amount of Rs. 1,01,696/- (Rupees One Lakh One Thousand Six Hundred Ninety-Six) and Death-cum-Retirement Gratuity (DCRG) amount payable to your petitioner and as to why other appropriate writ order or direction shall not be issued and/or be pleased to pass any such further or other/orders as your Lordship's may be pleased to pass considering the facts and circumstance of the case for the ends of justice. 7. That similarly in synopsis also to added in 2nd line after to receive her Death- cum-Retirement Gratuity (DCRG) i.e. before General provident fund and last but above line of synopsis to be added after but Death-cum-Retirement Gratuity (DCRG) amount and before the GPF amount of Rs. 1,01,696 (One Lakh One Thousand Six Hundred Ninety-Six Rupees). Page No.# 5/5 3. The learned counsel for the applicant has prayed that the prayer for amendment be allowed and the petitioner be permitted to file an amended writ petition. 4. The learned counsel for the applicant has been heard. The learned counsel for the opposite party has not objected to the filing of the amended writ petition, as the proposed amendments would, in fact, assist in the adjudication of the matter. Accordingly, the amendments proposed by the applicant are allowed. The applicants shall file an amended writ petition in WP(C) No. 4424/2023. 5. Accordingly, I.A. is allowed. JUDGE Comparing Assistant