Page No.# 1/4 GAHC010005672026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/379/2026 SRI JAGAT BASUMATARY S/O KALICHARAN BASUMATARY R/O VILLAGE NIZ BANSIRAL KALLAIPAR P.O NIZ DHAMDHAMA, DISTRICT BASKA, ASSAM, 781349. VERSUS STATE OF ASSAM AND 3 ORS. REPRESENTED BY COMISSIONER SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF WOMEN AND CHILD WELFARE, DISPUR, GUWAHATI, PIN-781006 2:DIRECTOR WOMEN AND CHILD WELFARE DEPARTMENT UJAN BAZAR GUWAHATI-781001. 3:CHILD DEVELOPMENT PROJECT OFFICER I.C.D.S PROJECT SIPAGHAR POST OFFICE-PATHORIGHAT DISTRICT- DARRANG ASSAM. 4:ACCOUNTANT GENERAL ASSAM BELTOLA GUWAHATI-78102 Page No.# 2/4 Advocate for the Petitioner : MR. B CHAKRABORTY, MRS P HAZARIKA Advocate for the Respondent : GA, ASSAM, SC, AG BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 29.05.2026 Heard Mr. B Chakraborty, learned counsel for the petitioner. Also heard Mr. CKS Baruah, learned State counsel, Assam and Mr. C Baruah, learned counsel for the Accountant General. 2] The petitioner is aggrieved by the fact that upon superannuation of the petitioner from the post of UDA-cum-Accountant from Sipajhar ICDS Project, Darrang, his pensionary benefits were not released. It is the submission of the learned counsel for the petitioner that during the service tenure of the petitioner as an LDA-cum-Typist from the Office of the district social Welfare Officer (now Women and Child Welfare Department), Kamrup, he was placed under suspension with effect from 19.01.1995 and he was under suspension for about 15 years and no departmental proceedings was initiated against him. Despite repeated representations, the petitioner remained under suspension until 19.02.2010, on which date he was reinstated. Upon his reinstatement the respondents did not regularize his suspension period and fixed the pay at the Page No.# 3/4 initial stage of the revised pay scale, thereby causing financial prejudice. The petitioner demitted his office on superannuation on 31.05.2025, however, the claims of the pensionary benefits have not been released. 3] The respondent no.2 has filed an affidavit where an order dated 08.04.2026 issued by the Directorate of Women & Child Development, Assam has been enclosed, where it is stated that the departmental proceedings against the petitioner stood dropped. Subsequent thereto, by communication dated 18.05.2026, issued by the Directorate of Women and Child Development, Assam, a copy of which has been furnished before the Court by the learned counsel for the petitioner reveals that since it was not possible to draw up departmental proceedings against the writ petitioner who retired as a UDA-cum- Accountant from Sipajhar ICDS Project, Darrang as such his reinstatement is regularized without drawing up departmental proceeding and the period of his suspension from 27.01.1995 to 19.02.2010 is directed to be treated on duty for all the purposes. This copy of the order dated 18.05.2026 is kept on the case record which has been submitted by the writ petitioner. 4] In view of the order dated 18.05.2026 issued by the Director, Women & Child Development, Assam, specifically treating his period of suspension from 27.01.1995 to 19.02.2010 on duty and the preceding order dated 08.04.2026 Page No.# 4/4 which is enclosed to the affidavit by the respondent no.2, the departmental proceedings against the writ petitioner were dropped and the period of suspension from 27.01.1995 to 19.02.2010 has been treated to be period on duty. As a consequence thereof there is no hindrance of the Department to release the claims of pensionary benefits to the petitioner. 5] Accordingly, the respondents authorities, more particularly, the respondent no.3, namely, Child Development Project Officer, ICDS Project, Sipaghar, Darrang is directed to prepare all necessary papers and forward it to the Office of the Director of Women and Child Development for release of the pensionary papers of the petitioner, whereupon the respondent no.2 will expeditiously forward the papers received by the respondent no.3 to the office of the Accountant General for release of the pensionary benefits along with all other claims made by the petitioner. Let this exercise be completed within a period of 60 (sixty) days from the date of receipt of a certified copy of this order. 6] With the above observations, the writ petition stands disposed of. JUDGE Comparing Assistant