Gauhati High Court

WP(C)/6971/2021 of MR. HIRU MAHANTA AND 27 ORS Vs THE STATE OF ASSAM AND 4 ORS on 12 August 2026

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GAHC010185732021 2026:GAU-AS:11467 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6971/2021 MR. HIRU MAHANTA AND 27 ORS SON OF LATE NITYANANDA MAHANTA, RESIDENT OF PUBERUN PATH, BAGHARBORI, P.O. PANJABARI, P.S. SATGAON, GUWAHATI-37,

GAHC010185732021

2026:GAU-AS:11467

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/6971/2021

MR. HIRU MAHANTA AND 27 ORS

SON OF LATE NITYANANDA MAHANTA, RESIDENT OF PUBERUN PATH, BAGHARBORI, P.O. PANJABARI, P.S. SATGAON, GUWAHATI-37, DISTRICT- KAMRUP(M), ASSAM.

2: MANESWAR BRAHMA

SON OF LATE UPEN CHANDRA BRAHMA

RESIDENT OF NAMGHAR PATH

BAGHARBORI

P.O. PANJABARI

GUWAHATI-37

DISTRICT- KAMRUP (M)

ASSAM.

3: SURESH GOWALA

SON OF SRI RAGHUNATH GOWALA

RESIDENT OF GOPINATH NAGAR CHATRIBARI

P.O. BIRUBARI

P.S. PALTANBAZAR

GUWAHATI

DISTRICT- KAMRUP (M)

ASSAM.

4: DHIREN BEZBORUAH

SON OF LATE ARUN BEZBORUAN

RESIDENT OF SANTIPUR HILL SIDE

P.O. AND P.S. BHARALUMUKH

GUWAHATI-9

DISTRICT- KAMRUP (M)

ASSAM.

5: BASANTA KALITA

SON OF LATE PRABIN KALITA

RESIDENT OF BAGHARBORI

P.O. PANJABARI

P.S. SATGAON

GUWAHATI-37

DISTRICT-KAMRUP (M)

ASSAM

6: BABUL DEKA

SON OF SRI ARABINDA DEKA

RESIDENT OF SRIMANTA SANKARDEVA KALAKSHETRA COMPLEX

P.O. PANJABARI

GUWAHATI-37

DISTRICT- KAMRUP (M)

ASSAM.

7: PRAFULLA BHATTA

SON OF LATE ADYANATH BHATTA

RESIDENT OF SRIMANTA SANKARDEVA KALAKSHETRA COMPLEX

P.O. PANJABARI

GUWAHATI-37

DISTRICT-KAMRUP (M)

ASSAM.

8: SUBHAS SARMA

SON OF SRI DINAMONI SARMA

RESIDENT OF CHENIKUTHI

P.O. SILPUKHURI

P.S. CHANDMARI

GUWAHATI-3

DISTRICT-KAMRUP (M)

ASSAM.

9: CHANDRADHAR HAZARIKA

SON OF LATE ADYANATH BHATTA

RESIDENT OF CHANEKI PATH

BAGHARBORI

P.O. PANJABARI

P.S. SATGAON

GUWAHATI-37

DISTRICT- KAMRUP (M)

ASSAM.

10: RATNESWAR HAJONG

SON OF LATE DEBI CH. HAJONG

RESIDENT OF BONDA COLONY

P.O.BONDA

P.S.-CHANDRAPUR

DISTRICT-KAMRUP (M)

ASSAM.

11: HEMEN DEKA

SON OF LATE AKSHAY DEKA

RESIDENT OF SRIMANTA SANKARDEVA KALAKSHETRA COMPLEX

P.O. PANJABARI

GUWAHATI-37

DISTRICT- KAMRUP (M)

ASSAM.

12: ANIL PATHAK

SON OF LATE GOJENDRA NATH PATHAK

RESIDENT OF CHANDMARI

AMIYA NAGAR

P.O. AND P.S. CHANDMARI

GUWAHATI-3

DISTRICT- KAMRUP (M)

ASSAM

13: SMTI MIRA SHARMA

DAUGHTER OF LATE GOURI SHARMA

RESIDENT OF SRIMANTA SANKARDEVA KALAKSHETRA COMPLEX

P.O. PANJABARI

GUWAHATI-37

DISTRICT-KAMRUP (M)

ASSAM.

14: SMTI JURIMONI SAIKIA

DAUGHTER OF LATE BAP CHANDRA SAIKIA

RESIDENT OF SRIMANTA SANKARDEVA KALAKSHETRA COMPLEX

P.O. PANJABARI

GUWAHATI-37

DISTRICT-KAMRUP (M)

ASSAM.

15: GOPAL SONAR

SON OF LATE LALBAHADUR SONAR

RESIDENT OF SRIMANTA SANKARDEVA KALAKSHETRA COMPLEX

P.O. PANJABARI

GUWAHATI-37

DISTRICT-KAMRUP (M)

ASSAM.

16: MD. FIROZ ALI

MD. FAZIR ALI

RESIDENT OF HOMEO COLLEGE ROAD

BAGHARBORI

P.O. PANJABARI

GUWAHATI

DISTRICT- KAMRUP (M)

ASSAM.

17: KAMAL CHAKRABORTY

SON OF LATE BIPIN CHAKRABORTY

RESIDENT OF GITANAGAR AMAYAPUR

P.O. AND P.S. NOONMATI

GUWAHATI

DISTRICT- KAMRUP (M)

ASSAM.

18: SMTI BONTI BURAGOHAIN

DAUGHTER OF LATE MOHAN BURAGOHAIN

RESIDENT OF SRIMANTA SANKARDEVA KALAKSHETRA COMPLEX

P.O. PANJABARI

GUWAHATI-37

DISTRICT- KAMRUP (M)

ASSAM.

19: SMTI ANUPAMA KHANIKAR

DAUGHTER OF LATE KHUTIRAM KHANIKAR

RESIDENT OF SRIMANTA SANKARDEVA KALAKSHETRA COMPLEX

P.O. PANJABARI

GUWAHATI-37

DISTRICT- KAMRUP (M)

ASSAM.

20: HEMEN DAS

SON OF LATE MUHIRAM DAS

RESIDENT OF NABAJYOTI NAGAR

BYE LANE NO.7

P.O. PANJABARI

GUWAHATI-37

DISTRICT-KAMRUP (M)

ASSAM.

21: ASHIM CHUTIA

SON OF LATE PRABHAT CHUTIA

RESIDENT OF KHETRI

P.O. AND P.S. KHETRI

DISTRICT-KAMRUP (M)

ASSAM.

22: SITARAM BARMAN

SON OF LATE LEHERU BARMAN

RESIDENT OF SRIMANTA SANKARDEVA KALAKSHETRA COMPLEX

P.O. PANJABARI

GUWAHATI-37

DISTRICT-KAMRUP (M)

ASSAM.

23: SMTI PURNIMA BONGJANG

DAUGHTER OF SHRI NAREN BONGJANG

RESIDENT OF VILLAGE- THAKURKUCHI

P.O. CHANDRAPUR

P.S. PRAJYOTISHPUR

DISTRICT-KAMRUP (M)

ASSAM.

24: BADAN CHANDRA DAS

SON OF SRI BHABEN CH. DAS

RESIDENT OF SRIMANTA SANKARDEVA KALAKSHETRA COMPLEX

P.O. PANJABARI

GUWAHATI-37

DISTRICT-KAMRUP (M)

ASSAM.

25: SUKHESWAR BORO

SON OF LATE KABINDRA BORO

RESIDENT OF RUKMINI NAGAR

HOUSING COLONY

P.O. AND P.S. DISPUR

GUWAHATI-61 DISTRICT- KAMRUP (M)

ASSAM.

26: NITYANANDA GOSWAMI

SON OF LATE PAHARAM GOSWAMI

RESIDENT OF KAILASHNAGARMILL SIDE

P.O. PANJABARI

GUWAHATI-37

DISTRICT- KAMRUP (M)

ASSAM.

27: GAUTAM DEKA

SON OF LATE LUHIT DEKA

RESIDENT OF SRIMANTA SANKARDEVA KALAKSHETRA COMPLEX

P.O. PANJABARI

GUWAHATI-37

DISTRICT- KAMRUP (M)

ASSAM.

28: MANOJ KUMAR BORAH

SON OF SRI PADMA BORAH

RESIDENT OF SRIMANTA SANKARDEVA KALAKSHETRA COMPLEX

P.O. PANJABARI

GUWAHATI-37

DISTRICT-KAMRUP (M)

ASSAM

VERSUS

THE STATE OF ASSAM AND 4 ORS

REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, CULTURAL AFFAIRS DEPARTMENT, DISPUR,GUWAHATI-781006.

2:THE VICE CHAIRMAN

SRIMANTA SANKARDEVA KALAKSHETRA SOCIETY

PANJABARI

GUWAHATI-37

DISTRICT- KAMRUP (M)

ASSAM.

3:THE DIRECTOR OF CULTURAL AFFAIRS DEPARTMENT

ASSAM

RABINDRA BHAWAN

GUWAHATI-781001

DISTRICT- KAMRUP (V)

ASSAM.

4:THE SECRETARY

SRIMANTA SANKARDEVA KALAKSHETRA SOCIETY

PANJABARI

GUWAHATI-781037

DIST- KAMRUP (M)

ASSAM

5:THE COMMISSIONER AND SECRETARY TO THE FINANCE DEPARTMENT

GOVERNMENT OF ASSAM

DISPUR

GUWAHATI-6.

6:THE LIFE INSURANCE CORPORATION OF INDIA

REPRESENTED BY THE REGIONAL MANAGER

REGIONAL BRANCH

PANBAZAR

GUWAHATI- 781001

Advocate for the Petitioner : MR B BURAGOHAIN, MR. N BORUAH

Advocate for the Respondent : GA, ASSAM, MR A DEY(R2,4),MR. B SARMA(R2,4),MR. R

SARMA(R2,4),SC, FINANCE DEPARTMENT,MR. J K GOSWAMI (r-2,4),MR. J BARMAN (r-2,4),J

TALUKDAR

BEFORE

HONOURABLE MR. JUSTICE NELSON SAILO

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ORDER

Date : 13.08.2026

Heard Mr. N. Boruah, learned counsel for the petitioners. Also heard Mr. S. Baruah, learned Government Advocate, for the respondent Nos. 1 & 3; Mr. R. Sarma, learned counsel for the respondent Nos. 2 & 4 and Mr. B. Gogoi, learned Additional Advocate General, Assam, for the respondent No. 5. [2.] Having regard to the nature of grievance projected by the petitioners and the developments that has taken place after the filing of the writ petition, the writ petition is taken up for disposal. [3.] Twenty eight (28) petitioners have joined hands to file the instant writ petition. According to them, they are working as temporary employees under the Srimanta Sankaradeva Kalakhetra Society (Society in short) and they were brought under the regular scale of pay vide Office Order dated 20.06.2018. Apart from the regular scale of pay, allowances admissible to the employees of the State Government have also been extended to them. It is the case of the petitioners that sixteen (16) similarly situated employees of the Society have been made to be covered under the Life Insurance Corporation of India Group Insurance Scheme with the initiation of the Cultural Affairs Department, whereby the employees enjoys retirement benefits such as pension, gratuity and leave encashment. Despite having been brought under the regular scale of pay, the petitioners not being included under the said scheme have approached this Court through the instant writ petition.

[4.] The respondent Nos. 2 & 4 (Society) have filed their affidavit-in-opposition on 30.07.2026, wherein, they have stated that the Government was approached for introduction of the gratuity schemes from April, 2026 but no response was received. Therefore, the Society had a discussion with the LICI authorities for extension of the gratuity to the petitioners and after such discussion, it was agreed that the Society will deposit the required fund with the LICI, which is to the tune of Rs.41,59,365/-. It was further agreed upon that the Society will initially deposit Rs.6,45,000/- and the remaining balance amount in five (5) equal installments. It is further the contention of the respondent Nos. 2 & 4 that it was confirmed in the said meeting that the Society has already introduced the leave encashment benefit scheme covering all regular employees which would include the petitioners as well. Paragraph No. 4 of the said affidavit-in- opposition is abstracted hereunder for ready perusal:- “4. That the deponent begs to state that the office of the deponent had discussed the matter of the petitioner’s claim in its executive councils meeting dated 11/3/2026 made a detailed discussion in the matter. The Executive Council meeting advised to introduce the gratuity scheme giving from April, 2026. In the meeting it was discussed that the Srimanta Sankardev Kalakshetra Society forwarded a proposal to the Govt. of Assam for grant leave encashment, gratuity and pension to the petitioners by creating a new head of account 21(7), but no response was received from the end of Govt. till date. Under such circumstances, the respondent society discussed the matter with LICI and after discussion, the respondent was asked to pay Rs.6,45,000/- as the first instalment dues during the financial year 2026-27 out of the total amount of Rs.41,59,365/- for payment of gratuity to the petitioners w.e.f. June, 2018. It was agreed by the LICI that the respondent Society shall pay the remaining amount in 5 equal instalment. In the meeting it was confirmed that the society has already introduced the Leave Encashment benefit scheme covering all regular employees including the writ petitioners in the present case.” [5.] Mr. R. Sarma, learned counsel for the Society, submits that since the petitioners are the employees of the Society they will not be entitled to pension as claimed by them except for the gratuity and the leave encashment benefits as already stated in the affidavit. [6.] The learned counsel for the petitioner, Mr. N. Boruah, submits that since the meeting with the LICI has been successful as stated in the affidavit and, therefore, the main grievance of the petitioner having been met, the writ petition can be closed. [7.] In view of above, the writ petition stands closed.

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