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
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.
JUDGE Comparing Assistant