Gauhati High Court
Sri Narayan Chandra De vs The State Of Assam And Ors on 6 March, 2026
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GAHC010043632026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1319/2026
SRI NARAYAN CHANDRA DE
SON OF LATE GOPAL CHANDRA DE, RESIDENT OF KALAPAHAR ,
GUWAHATI , PIN-781032 , DIST- KAMRUP METRO , ASSAM
VERSUS
THE STATE OF ASSAM AND ORS
REPRESENTED BY THE SPECIAL COMMISSIONER AND SPECIAL
SECRETARY TO THE GOVT OF ASSAM PUBLIC WORKS DEPARTMENT
BUILDING AND NATIONAL HIGHWAY DISPUR GUWAHATI 781006
2:THE DEPUTY SECRETARY
TO THE GOVT OF ASSAM PUBLIC WORKS DEPARTMENT BUIDLING AND
NATIONAL JIGHWAY DISPUR GUWAHATI 781006
3:THE CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT BUILDING AND NATIONAL HIGHWAY
CHANDMARI GUWAHTI 781003
4:THE PRINCIPAL ACCOUNTANT GENERAL A AND E
ASSAM MAIDAMGAON BELTOLA GUWAHATI 781029
5:TREASURY OFFICER
KAMRUP METRO ASSAM GUWAHATI 78103
Advocate for the Petitioner : MR. K N CHOUDHURY, N GAUTAM,MR. R M DEKA
Advocate for the Respondent : SC, PWD, SC, AG (A AND E)
BEFORE
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HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
06.03.2026 Heard Mr. K.N. Choudhury, learned Senior counsel assisted by Mr. R.M Deka, learned counsel for the petitioner.
The petitioner is aggrieved by the order No. Ecf No. 475285/383 dated 02.09.2025, whereby the following direction was issued pursuant to enquiry proceedings conducted:
"Now therefore, the Governor of Assam, is pleased to imposed the penalty withholing of pensionary benefits, i.e. Periodical allowance and Death-cum-Retirement Gratuity in full permanently in respect of Shri Narayan Ch. De, Retd. Executive Engineer, PW (Electrical), Kokrajhar Electrical Division under Rule 21 of the Assam Services (Pension) Rules 1969 and in accordance with FR 53(1)(ii) of Fundamental Rules the pay and allowances for the period under suspension of Shri Narayan Ch De, the then Executive Engineer, PWD, Tezpur Electrical Division shall be limited to the subsistence allowance paid to him or ordered to be paid to him. Further, the period under suspension is to be treated as on duty only for pensionary purpose.
The Departmental Proceeding drawn against Shri Narayan Ch. De, Retd. Executive Engineer, PWD (Electrical) is hereby finally disposed of."
Following this order, the Treasury officer has been directed to implement the directions contained.
The learned Senior counsel expresses apprehension that a bare reading of the order dated 02.09.2025 reflects that period spent by the petitioner under suspension is to be treated as on duty only for pensionary purpose. That apart, the direction to impose penalty of withholding pensionary benefits is restricted only to periodical allowances and death-cum-retirement gratuity in full permanently. Therefore, the monthly allowance which the petitioner is entitled to receive in terms of pension has not been curtailed and is required to be received the said amount.
Mr. P. Nayak, learned Addl. Advocate General on the other hand submits that Page No.# 3/3 the apprehension expressed as on date is premature as the Treasury Officer has not yet passed any specific order. He however submits that he would like to obtained instructions in the matter. He prays for 10 days further time. List this matter again on 18.03.2026.
Ms. A Sharma, learned counsel appears on behalf of Mr. B Chakrabarty, learned Standing Counsel, Accountant General. Although notices are not issued at this stage, the advocate on record for the petitioner will ensure service of extra copies to the respondent counsel. Issue notice on the interim prayer, returnable on 18.03.2026.
JUDGE Comparing Assistant