Gauhati High Court
WP(C)/3764/2026 of PRAFULLA KUMAR HAZOARI Vs THE STATE OF ASSAM AND 6 ORS on 1 September 2026
GAHC010146382026 2026:GAU-AS:12632 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3764/2026 PRAFULLA KUMAR HAZOARI S/O LATE SAMED CHANDRA HAZOARI, PRESENT R/O VILLAGE- BORO BHATARMARI, P.O.- KOKRAJHAR, P.S.- KOKRAJHAR, DISTRICT- KOKRAJHAR,
GAHC010146382026
2026:GAU-AS:12632
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3764/2026
PRAFULLA KUMAR HAZOARI
S/O LATE SAMED CHANDRA HAZOARI, PRESENT R/O VILLAGE- BORO
BHATARMARI, P.O.- KOKRAJHAR, P.S.- KOKRAJHAR, DISTRICT- KOKRAJHAR, ASSAMPIN- 783370
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-6
2:THE COMMISSIONER SECRETARY TO THE GOVT OF ASSAM
PENSION AND PUBLIC GRIEVANCE DEPARTMENT
DISPUR
GUWAHATI-6
3:THE COMMISSIONER SECRETARY TO THE GOVT OF ASSAM
FINANCE DEPARTMENTDISPUR
GUWAHATI-6
4:THE COMMISSIONER SECRETARY TO THE GOVT OF ASSAM
DEPARTMENT OF PERSONNEL PERSONAL-ADISPUR
GUWAHATI-6
5:THE COMMISSIONER SECRETARY TO THE GOVT OF ASSAM
WELFARE OF BODOLAND DEPARTMENTDISPUR
GUWAHATI-6
6:THE ACCOUNTANT GENERAL AE
ASSAM
BELTOLA
MAIDAMGAONGUWAHATI-29
7:THE TREASURY OFFICER
KOKRAJHAR TREASURYDISTRICT- KOKRAJHAR
ASSAMPIN- 78337
Advocate for the Petitioner : MR. K R PATGIRI, MS. P TALUKDAR,MS. D. DEVI
Advocate for the Respondent : GA, ASSAM, SC, AG (A AND E),SC, FINANCE
BEFORE
HONOURABLE MR. JUSTICE KARDAK ETE
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ORDER
Date : 02-09-2026 Heard Ms. P. Talukdar, learned counsel for the petitioner. Also heard Mr. D. Borah, learned State Counsel for the respondent Nos. 1, 2, 4 & 5 as well as Mr. R. Bhorpujari, learned Standing Counsel, Finance Department for the respondent Nos. 3 & 7 and Mr. R. Bora, learned counsel for the respondent No. 6.
2. By filing this writ petition, the petitioner, who has retired from service, claims for finalization and realization of all retirement benefits including pension as per the Assam Services (Pension) Rules, 1969.
3. Considering that the issue involved in this writ petition and as agreed to by the learned counsel for the parties, this writ petition is disposed of at the motion stage itself.
4. The petitioner was appointed as an Extra Assistant Commissioner vide order dated 23.10.1986. He was promoted to higher posts from time to time and was finally posted as Commissioner and Secretary to the Government of Assam, WPT & BC Department, Mines and Minerals Department, Government of Assam. The petitioner retired from service on
30.06.2018. While serving as Commissioner and Secretary to the Government of Assam, the petitioner was appointed as a Member of the Assam Public Service Commission (APSC) for a period of two years.
5. It is the case of the petitioner that, after his retirement from service and upon completion of his tenure as a Member of the APSC, he submitted an application before the concerned authorities for grant of his pensionary benefits under the applicable Rules. However, the respondent authorities have not finalized and released his pensionary benefits.
6. The respondent authorities, in their affidavit-in-opposition, have stated that since the petitioner was appointed as a Member of the APSC while serving as Commissioner and Secretary to the Government of Assam, he was deemed to have retired from Government service from the date of handing over charge. It is stated that, as per Rule 188, the Assam Services (Pension) Rules, 1969, a Gazetted Officer is required to submit a formal application for pension in Form I to the Head of the Department. Rule 190 provides that the completed application, along with the necessary documents, will be forwarded to the Accountant General for issuance of the Pension Payment Order. Note-I appended to Rule 205 further provides that pension is to be sanctioned only upon receipt of a formal application from the Government servant concerned.
7. The learned State Counsel, submits that the petitioner has not submitted the required application form for consideration of his pensionary claim. Therefore, the question of sanction of pensionary benefits does not arise at this stage.
8. Having considered that under the Assam Services (Pension) Rules, 1969, a Gazetted Officer is required to submit a formal application for pension in Form-I to the Head of the Department and such application along with the required documents needs to be forwarded to the Accountant General for issuance of Pension Payment Order and the pension is required to be sanctioned only on receipt of formal application from the Government servant, and considering that the petitioner appears to have not submitted the required application form, I am of the considered view that no useful purpose would be served in keeping the matter pending.
9. Accordingly, the writ petition is disposed of with a direction to the petitioner to submit the prescribed application form, along with the requisite documents, in accordance with the Assam Services (Pension) Rules, 1969, within a period of 20 (twenty) days from today. Upon receipt of such application, the respondent authorities shall consider and finalize the claim of the petitioner for his retirement and pensionary benefits, if found admissible under the Rules, within a further period of 2 (two) months thereafter. The petitioner shall be at liberty to approach this Court again, in the event the respondent authorities fail to redress his grievance in accordance with the aforesaid direction.
10. The writ petition stands disposed of, in terms above.
JUDGE Comparing Assistant