Gauhati High Court

WP(C)/1039/2026 of SMTI JAMILA KHATUN Vs THE STATE OF ASSAM AND 6 ORS on 18 August 2026

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GAHC010022482026 2026:GAU-AS:11799 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1039/2026 SMTI JAMILA KHATUN W/O LATE MD. NOOR HUSSAIN, R/O VILLAGE KUMALIA, P.O. PANIBHARAL, DISTRICT SONITPUR, ASSAM, PIN 784176 VERSUS THE STATE OF ASSAM

GAHC010022482026

2026:GAU-AS:11799

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/1039/2026

SMTI JAMILA KHATUN

W/O LATE MD. NOOR HUSSAIN, R/O VILLAGE KUMALIA, P.O.

PANIBHARAL, DISTRICT SONITPUR, ASSAM, PIN 784176

VERSUS

THE STATE OF ASSAM AND 6 ORS

REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF

ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR, GUWAHATI 781006

2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF

ASSAM

PENSION AND PPUBLIC GRIEVANCE DEPARTMENT

ASSAM

DISPUR

GUWAHATI-6

3:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM

FINANCE DEPARTMENT

DISPUR

GUWAHATI-6

4:THE COMMISSIONER

PANCHAYAT AND RURAL DEVELOPMENT ASSAM

JURIPAR

SIX MILE

GUWAHATI- 37

5:THE DIRECTOR OF PENSION

ASSAM

HOUSEFED COMPLEX

DISPUR

GUWAHATI-6

6:THE CHIEF EXECUTIVE OFFICER

SONITPUR ZILLA PARISHAD

P.O.- TEZPUR

DISTRICT- ASSAM

PIN- 784001

7:TREASURY OFFICER

SONITPUR TREASURY

TEZPUR

PO TEZPUR

DISTRICT- SONITPUR

ASSAM

PIN- 78400

Advocate for the Petitioner : MR. M ISLAM, MS A KHATUN

Advocate for the Respondent : GA, ASSAM, SC, FINANCE,SC, P AND R.D.

BEFORE

HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

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ORDER

19.08.2026 Heard Mr. M. Islam, learned counsel for the petitioner. Also heard Mr. D. Borah, learned Govt. Advocate, Mr. A. K. Ghosh, learned Standing Counsel, P.&R.D. Department and Mr. A. Chaliha, learned Standing Counsel, Finance Department.

2. By way of this writ petition, the petitioner is seeking grant of full pension and other retiral benefits by considering the total length of service reckoned from the date of initial appointment of the petitioner’s husband in the service of the Panchayat.

3. It is submitted at the bar that the issue involved in this writ petition is covered by the Judgment of the Division Bench of this Court rendered in the case of State of Assam and Another vs. Syed Md. Fazlay Rabbi in Writ Appeal no. 145/2009, wherein the Division Bench of this Court held that the benefit of the provisions of the Assam Panchayat Employees (Provincialisation) Act, 1999 including those for pension and other retirement dues would be available to the provincialized employees in service on or after 01.10.1991, on the basis of the length of their services reckoned from the dates of their initial appointments.

4. In view of the aforesaid endorsement made by the learned counsel for the parties, this Court is of the considered view that this Writ Petition can be disposed of in the line of the aforesaid decision of this Court. It is accordingly ordered. Needless to be said that, the total length of service of the petitioner’s husband Md. Noor Hussain shall be reckoned from the date of his initial appointment i.e. 23.06.1964 in the service of the Gaon Panchayat Secretary for grant of family pension and other retiral benefits.

5. It is further clarified that the entire exercise shall be completed within a period of two months from the date of submission of a certified copy of this order by the petitioner in the office of the respondent nos. 4 & 5 and failing to complete such exercise within the stipulated period, the same shall carry an interest of 6% per annum.

6. The writ petition stands allowed in the extent indicated above.

JUDGE

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