Gauhati High Court - Itanagar
Khoda Rana vs The State Of Ap And 4 Ors on 24 March, 2026
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GAHC040004072026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
(ITANAGAR BENCH)
Case No. : WP(C)/116/2026
Khoda Rana
Son of Shri Khoda Piji, a permanent resident of E Sector Itanagar, PO and PS
Itanagar, Papum Pare District, Arunachal Pradesh.
VERSUS
The State of AP and 4 Ors
represented by the Commissioner, Department of Transport, Govt of Arunachal
Pradesh, Itanagar. 2:The Commissioner
Age: 0
Occupation :
Department of Transport
Govt of Arunachal Pradesh Itanagar.
3:The Secretary
Age: 0
Occupation :
Department of Transport
Govt of Arunachal Pradesh
Itanagar.
4:The Deputy Secretary
Age: 0
Occupation :
Department of Transport
Itanagar
Arunachal Pradesh.
5:The Director
Age: 0
Occupation :
Department of Transport
Govt of Arunachal Pradesh
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Naharlagun
Advocate for the Petitioner : Kemo Lollen, Arun Yun,Maryum Sora,Geli Taye,D Ado
Advocate for the Respondent : GA (AP),
BEFORE
HONOURABLE MR. JUSTICE BUDI HABUNG
ORDER
24.03.2026 Heard Mr. K. Lollen, learned counsel for the petitioner. Also heard Mr. R. H. Nabam, learned Additional Advocate General for the State respondents.
2. The petitioner has been placed under suspension vide order No. TPT(B)- 11023(14)/1/2024/339 dated 12.08.2025, issued by the Commissioner, Department of Transport, Government of Arunachal Pradesh (respondent No. 2) with immediate effect.
3. The grievance of the petitioner is that no subsistence allowance has been paid to him during the suspension period from 12.08.2025 till date, despite being entitled under FR 53(1) Rule.
4. It is submitted that due to non-payment of monthly salary and subsistence allowance, the petitioner and his family are facing severe financial hardship, which amounts to a violation of the petitioner's fundamental rights under Articles 14 and 21 of the Constitution of India.
5. By filing this writ petition under Article 226 of the Constitution of India, the petitioner seeks direction to the respondent authority to release the subsistence allowance as entitled to him.
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6. Issue notice to the respondents, returnable in 3 (three) weeks.
7. Since R. H. Nabam, learned Additional Advocate General, has entered appearance and accepted notice on behalf of the State respondent Nos. 1 to 5, no formal notice is required to be issued to the said respondents. However, he shall be provided with the requisite extra copy of the petition during the course of the day.
8. Having heard the parties, the respondent authority is directed to release the subsistence allowance to the petitioner from 12.08.2025 till date, in accordance with FR 53(1) and other applicable rules.
9. List the matter after 3(three) weeks.
JUDGE Comparing Assistant