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2026 DAILYLAW 873 (GAU)

AMARENDRA KUMAR SARMA v. THE STATE OF ASSAM AND 5 ORS.

WP(C)/5333/2025 · 2026-02-10

Kardak Ete

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010202162025 2026:GAU-AS:1885 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5333/2025 AMARENDRA KUMAR SARMA SON OF LATE DINESH CHANDRA SARMA, R/O VILLAGE DIGHALI, P.O.- BARDIGHALI, P.S. AND DIST- NALBARI, ASSAM, 781335 VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PENSION AND PUBLIC GRIEVANCES DEPARTMENT, DISPUR, GUWAHATI, ASSAM-781006 2:THE DIRECTOR OF PENSION OFFICE OF THE DIRECTORATE OF PENSION HOUSEFED DISPUR GUWAHATI ASSAM-781006 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI ASSAM-781019 4:THE ACCOUNTANT GENERAL ( A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI-781029 5:THE INSPECTOR OF SCHOOL NALBARI ASSAM-781355 Page No.# 2/4 6:THE PRINCIPAL BARBHAG KALAG H.S. SCHOOL KALAG-78133 Advocate for the Petitioner : MR. S S S RAHMAN, MS B H SHIRIN,MS S Z HAYAT,MR S AHMED,MR. S S A RAHMAN Advocate for the Respondent : GA, ASSAM, SC, AG,SC, SEC. EDU. BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 11-02-2026 Heard Mr. S. S. S. Rahman, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned Additional Senior Government Advocate for the respondent Nos. 1 & 2; Ms. P. Das, learned Standing Counsel, Secondary Education for the respondent Nos. 3 & 5 and Mr. B. Sharma, learned Standing Counsel, AG for the respondent No. 4. 2. By filing this writ petition, the petitioner is praying for a direction to the respondent authorities to consider his representations dated 21.09.2023 and 24.12.2024 for payment of General Provident Fund (GPF) amounting to Rs. 1,64,870/- (Rupees One Lakh Sixty-Four Thousand Eight Hundred and Seventy only). 3. The petitioner claims to have retired from service on 31.12.2017 as an Assistant Teacher of Barbhag Kalag H.S. School. The petitioner is receiving pensionary benefits pursuant to the order dated 25.09.2019 passed in WP(C) No. 8807/2018. 4. It is the simple grievance of the petitioner that although he is receiving pensionary benefits, he has not yet received the GPF amount of Page No.# 3/4 Rs. 1,64,870/- (Rupees One Lakh Sixty-Four Thousand Eight Hundred and Seventy only), for which he submitted representations dated 21.09.2023 and 24.12.2024. However, no payment has been made to the petitioner as on date. 5. This Court, on 23.10.2025, referring to its earlier order dated 22.09.2025 and on the instructions placed by the learned Standing Counsel for the Secondary Education Department, which reflected that the Inspector of Schools, Nalbari, had not received the rectified Form-B from the Principal of Barbhag Kalag Higher Secondary School, Kalag, and that the Principal had not been able to communicate the same to the petitioner, directed the petitioner to appear before the Principal of the School and fill up the particulars in Form-B as required. 6. Today, Mr. Rahman, learned counsel, by filing an additional affidavit, submits that due to ill health and on the advice of his consulting doctor to take bed rest, the petitioner could not appear before the Principal of the School to fill up the particulars in Form-B. 7. Ms. P. Das, learned Standing Counsel, Secondary Education Department, by placing a communication dated 10.02.2026 from the Inspector of Schools, Nalbari, submits that the petitioner has not appeared before the concerned authority to fill up and sign the Form-B as directed by this Court. 8. Having considered that the petitioner was reportedly unwell and due to his ill health, he could not appear before the Principal to fill up the particulars in Form-B as required and as directed by this Court and considering that unless the required rectified Form-B is duly filled up and Page No.# 4/4 submitted, the claim for payment of GPF cannot be processed, as stated by the authorities, I deem it appropriate to grant the petitioner an opportunity to appear before the Principal and take necessary steps as required and directed by this Court. 9. Accordingly, the petitioner is directed to appear before the Principal of Barbhag Kalag Higher Secondary School, Kalag, and fill up the particulars in Form-B, as required, within a period of 10 (ten) days from today. 10. The writ petition stands disposed of, in terms above. JUDGE Comparing Assistant