Gauhati High Court
WP(C)/5740/2021 of BHABEN CHANDRA KOCH Vs THE STATE OF ASSAM AND 3 ORS on 29 September 2026
GAHC010172652021 2026:GAU-AS:14538 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5740/2021 BHABEN CHANDRA KOCH S/O LATE DAYARAM KOCH, R/O VILL-SOUTH HAIBARGAON, RRB ROAD, P.O.-HAIBARGAON, P.S.-SADAR, WARD NO. 5, PIN-782002, DIST- NAGAON,
GAHC010172652021
2026:GAU-AS:14538
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5740/2021
BHABEN CHANDRA KOCH
S/O LATE DAYARAM KOCH, R/O VILL-SOUTH HAIBARGAON, RRB ROAD, P.O.-HAIBARGAON, P.S.-SADAR, WARD NO. 5, PIN-782002, DIST- NAGAON, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE SECRETARY, PUBLIC WORKS, GOVERNMENT OF
ASSAM, DISPUR, GUWAHATI-6
2:THE COMMISSIONER AND SPL. SECRETARY
PWD (BUILDING)
CHANDMARI
GUWAHATI-3
ASSAM
3:THE CHIEF ENGINEER
PWD (BUILDING)
CHANDMARI
GUWAHATI-3
ASSAM
4:THE EXECUTIVE ENGINEER
PWD
GUWAHATI BUILDING DIVISION-1
FANCY BAZAR
GUWAHATI-
Advocate for the Petitioner : MR. A C SARMA, MS. B CHOUDHURY (AMICUS CURIAE),MR.
P MEDHI,MR. G C BORAH
Advocate for the Respondent : SC, PWD,
BEFORE
HONOURABLE MR. JUSTICE KARDAK ETE
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ORDER
Date : 30.09.2026
Heard Ms. B. Choudhury, learned Senior Counsel and Amicus Curiae for the petitioner. Also heard Mr. R. Dhar, learned Standing Counsel, PWD, for the respondents.
The petitioner, who was working as a Tracer in the Public Works Department, Building Division, has filed this writ petition praying for a direction upon the respondent authorities to allow him to join in his service on the ground that despite having rendered about 15 years of service in the Department, he was not allowed to join.
During the pendency of the present proceeding, the petitioner has retired from service and in view thereof, the prayer made in the present writ petition for permitting him to join service no longer survives for consideration.
However, considering that the petitioner is a Grade-IV employee who has retired from service and is stated to have not been provided with his pensionary benefits, this Court is of the view that the relief can be moulded taking into account the status of the petitioner.
Mr. R. Dhar, learned Standing Counsel, PWD, by placing a copy of the letter dated 22.07.2026, issued by the Executive Engineer, PWD, Medical Colleges & Hospitals, Construction Division, Guwahati, submits that the petitioner was requested to attend the office for necessary follow-up documentation in connection with his retirement. However, the petitioner has failed to attend the office as directed.
Considering above, it would be appropriate to direct the petitioner to attend the office of the Executive Engineer, PWD, Medical Colleges & Hospitals, Construction Division, Guwahati, along with all relevant documents, so as to enable the authorities to finalize his pension and other admissible retirement benefits.
Accordingly, the petitioner is directed to appear before the Executive Engineer, PWD, Medical Colleges & Hospitals, Construction Division, Guwahati, along with all relevant documents, within a period of 15 (fifteen) days from today. Upon such appearance and submission of the requisite documents, the concerned authority shall take necessary steps for finalization of the petitioner's pension and other admissible retirement benefits in accordance with law.
Writ petition stands disposed of in terms above.
JUDGE Comparing Assistant