Gauhati High Court
Page No.# 1/ vs The State Of Assam And 6 Ors on 24 April, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/10
GAHC010218932019
2025:GAU-AS:4952
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6765/2019
ANOWAR HUSSAIN
S/O- LT. MOKSHED ALI, PRESENTLY A RESIDENT OF VILLAGE-
HASILAPARA, P.O. GOALPARA, P.S. AND DIST.- GOALPARA, ASSAM, PIN-
783101.
VERSUS
THE STATE OF ASSAM AND 6 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
JUDICIAL DEPTT., DISPUR, GUWAHATI- 781006, ASSAM.
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GUWAHATI- 781006
ASSAM.
3:THE PRINCIPAL ACCOUNTANT GENERAL ( A AND E )
MAIDAMGAON
BELTOLA
GUWAHATI
ASSAM
781029.
4:THE REGISTRAR GENERAL
GAUHATI HIGH COURT
GAUHATI HIGH COURT BUILDING
NEW BLOCK
GUWAHATI- 781001.
5:THE DISTRICT AND SESSIONS JUDGE
BONGAIGAON
Page No.# 2/10
DIST.- BONGAIGAON
ASSAM
PIN- 783380.
6:THE DEPUTY REGISTRAR
APPOINTMENT
GAUHATI HIGH COURT
GAUHATI HIGH COURT BUILDING
NEW BLOCK
GUWAHATI- 781001.
7:THE MUNSIFF
NORTH SALMARA
ABHAYAPURI
DIST.- BONGAIGAON
ASSAM
PIN- 783384
Advocate for the Petitioner : Mr. A. I. Uddin, Advocate
Advocate for the Respondents : Mr. D. Nath,
Sr. Govt. Advocate
Mr. R. Borpujari,
SC, Finance
Mr. B. Chakraborty, SC, AG
Mr. H. K. Das, SC, GHC
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
Date of Hearing : 24.04.2025
Date of Judgment : 24.04.2025
JUDGMENT AND ORDER (ORAL)
Heard Mr. A. I. Uddin, the learned counsel appearing on behalf of the petitioner. I have also heard Mr. D. Nath, the learned senior Government Advocate appearing on behalf of the Judicial Department of the Government of Assam; Mr. R. Page No.# 3/10 Borpujari, the learned counsel appearing on behalf of the Finance Department of the Government of Assam; Mr. B. Chakraborty, the learned counsel appearing on behalf of the Accountant General (A&E) and Mr. H. K. Das, the learned counsel appearing on behalf of the Gauhati High Court.
2. The present writ petition was filed by the petitioner being aggrieved vide the communication dated 26.08.2019 issued by the Office of the District and Sessions Judge, Bongaigaon and the Board Resolution dated 16.08.2019 whereby the prayer for payment of arrear salary and finalization and disbursement of pension of the petitioner was rejected. The petitioner also by way of the instant writ petition sought for a direction upon the respondent authorities and more particularly the District and Sessions Judge, Bongaigaon to finalize and disburse the pension of the petitioner with all consequential retirement benefits and make payment of one month arrear salary of the petitioner and also make payment of the salary of the petitioner from 01.08.2017 to 07.12.2018 which period the petitioner rendered service in excess from the original date of retirement of 31.07.2017.
3. Mr. A. I. Uddin, the learned counsel appearing on behalf of the petitioner at the outset submitted that the petitioner would not insist upon the salary for the period from 01.08.2017 to Page No.# 4/10 07.12.2018 taking into account that the said period was beyond the period of retirement which is 31.07.2017.
4. In the above backdrop, therefore, the question which arises as to whether the petitioner herein would be entitled to the other reliefs which have been sought for.
5. This Court has duly heard the learned counsels appearing on behalf of the parties and has also taken note of the orders dated 27.01.2025 and 24.02.2025 passed by this Court from which it can be seen that pursuant to the undertaking given before this Court by the Judicial Department of the Government of Assam, there was a move to create a supernumerary post so that the petitioner gets his dues more particularly his pensionary dues as well as his retirement dues and the period during which the petitioner worked is regularized. In pursuance to the order dated 24.02.2025, Mr. D. Nath, the learned counsel appearing on behalf of the Judicial Department of the Government of Assam submitted that the Governor of Assam had conveyed the sanction for creation of a supernumerary post w.e.f. 23.11.1993 to 31.07.2017 personal to the petitioner in the Office of the Munsiff, North Salmara, Abhayapuri now the Office of the Civil Judge (Junior Division), North Salmara, Abhayapuri under the establishment of the District and Sessions Judge, Bongaigaon for payment of pensionary benefits. It is also seen from the said Page No.# 5/10 communication that the said sanction of creation of the supernumerary post is with the concurrence of the Finance (EC III) Department and as per Finance (SIU) Department's communication dated 02.04.2025. The said communication so placed before this Court during the course of hearing is kept on record and marked with the letter "X". The contents of the said communication being relevant is reproduced herein under:-
GOVERNMENT OF ASSAM JUDICIAL DEPARTMENT :: JUDICIAL BRANCH DISPUR ::: GUWAHATI-06 2nd Floor, 'E' Block, Janata Bhawan e-mail: [email protected], website: judicial.assam.gov.in No.E-149496/2025/235 Dated Dispur 22nd April, 2025 From : Smti. P. Kalita, ALS, Joint L.R. & Joint Secretary to the Govt. of Assam, Judicial Department, To : The Accountant general (A&E), Assam, Maidamgaon, Beltola, Guwahati-781029.
Sub : Creation of a supernumerary post of Copyist in the then Office of the Minsiff, North Salmara, Abhayapuri now the office of the Civil Judge (Jr. Divn.), North Salmara, Abhayapuri under the establishment of District & Sessions Judge, Bongaigaon w.e.f. 23-11-1993 to 31-07- 2017.
Sir, In compliance of the order dated 19.09.2022 passed by the Hon'ble Gauhati High Court in WP(C) No. 6765/2019 and its subsequent order dated 06.10.2023 passed in 1.A.(Civil) No. 2948/2023, (Anowar Hussain- Vs-The State of Assam & Ors.), I am directed to convey the sanction of Page No.# 6/10 the Governor of Assam for creation of a supernumerary post w.e.f. 23-11- 1993 to 31-07-2017, personal to Shri Anowar Hussain, Retd. Copyist in the then office of the Munsiff, North Salmara, Abhayapuri now the office of the Civil Judge (Jr. Divin.), North Salmara, Abhayapuri under the establishment of the District & Sessions Judge, Bongaigaon, for payment of pensionary benefits.
This approval has been issued with the concurrence of Finance (EC III) Department vide their File No.E-415476 dated 03-04-2025 and as per Finance (SIU) Department's vide communication No.429932/3 dated 02-
04-2025.
Yours faithfully, Digitally signed by Purabi Kalita Date: 23-04-2025 19:26:00 Joint L.R. & Joint Secretary to the Govt. of Assam, Judicial Department
6. Mr. R. Borpujari, the learned counsel appearing on behalf of the Finance Department further placed the communication issued by the Finance (SIU) Department dated 02.04.2025. Mr. R. Borpujari, the learned counsel appearing on behalf of the Finance Department further drawn the attention of this Court that the communication dated 02.04.2025 was issued pursuant to the Note put up in the Note Sheet which is Note No.78 dated 02.04.2025 under the signature of the Under Secretary, Finance (EC III) Department. The communication dated 02.04.2025 Page No.# 7/10 along with the Note No.78 attached thereto are collectively kept on record and marked with the letter "Y". The contents of the said communication dated 02.04.2025 is reproduced herein under:-
GOVERNMENT OF ASSAM FINANCE (SIU) DEPARTMENT DISPUR ::: GUWAHATI-06 e.File No.429932 Dated Dispur 2nd April, 2025 From : The Under Secretary to the Govt. of Assam Finance (SIU) Department Dispur, Guwahati-6 To : Sri Rajib Borpujari Standing Counsel, Finance Department Gauhati High Court.
Sub : W.P.(C) No.6765/2019 (Anowar Hussain-vs- State of Assam & Ors.) Sir, With reference to the subject cited above, I am directed inform you that, a proposal of Judicial Department for creation of a supernumerary post of copyist with retrospective effect from 23-11-1993 to 31-07-2017 for the purpose of giving appropriate relief of Shri Anowar Hussain, Retd. Copyist in the office of the District & Sessions Judge, Bongaigaon was received in Finance (SIU) Department on 29/03/2025.
In this regard, Finance (SIU) Department has accorded its approval to the said proposal vide e-file No.429932 dated 02/04/2025. Copy of the aforesaid endorsement is enclosed herewith.
You are, therefore, requested to kindly apprise the Hon'ble High Court accordingly.
Page No.# 8/10 Enclo: As stated Yours faithfully, Under Secretary to the Govt. of Assam, Finance (SIU) Department
7. Further to that, the Note No.78 is also reproduced herein under:-
Note# 78 Ref.: Finance (SIU) Deptt.'s e-file No.429932 Finance (EC-III) Department:.............................................U/O Kindly refer to your endorsement dated 29/03/2025 in e-file No.415476.
Finance (SIU) Department accords it's approval vide e-file No.429932 dated 02/04/2025 towards the creation of a Supernumerary post w.e.f. 23-11-1993 to 31-07-2017 personal to Shri Anowar Hussain, Retd. Copyist in the office of the District & Sessions Judge, Bongaigaon for payment of pensionary benefits subject to the condition that, Finance (EC-III) will determine the concerned H/A and ensue that there is budgetary provision in the concerned H/A. This has the approval of Hon'ble Finance Minister, Assam.
02/04/2025 03: 33 pm JAYANTA GOGOI UNDER DECRETARY
8. From the above documents so place and kept on record and Page No.# 9/10 marked with the letters "X" and "Y", it would be seen that the petitioner's period of service w.e.f. 23.11.1993 to 31.07.2017 has been regularized by creation of a supernumerary post personal to him and it would be deemed that the petitioner has been in service w.e.f. 23.11.1993 to 31.07.2017 as Copyist.
9. Taking into account the above, it is the opinion of this Court that the petitioner therefore would be entitled to all pensionery as well as all retirement benefits as is envisaged under the Assam Services (Pension) Rules, 1969.
10. Accordingly, the instant writ petition therefore stands disposed of thereby directing the respondent authorities and more particularly the respondent Nos.3, 5 & 7 to take appropriate steps for finalization and disbursement of the pension of the petitioner regularly along with the all arrears payable towards pension to which the petitioner is entitled too.
Additionally, the petitioner would be further entitled to other retirement benefits to which the petitioner is entitled too. The said finalization and disbursement process for the arrears in respect to pension and retirement benefits be disbursed within 4 months from the date a certified copy of this order is served upon the Respondent Nos.3, 5 & 7. Further, the finalization of the regular pension be done forthwith and not later than 3 months from the date of the certified copy of the instant order submitted Page No.# 10/10 to the Respondent Nos.3, 5 & 7.
11. With the above, the instant writ petition stands disposed of.
JUDGE Comparing Assistant