WP(C)/3145/2025 of BULBUL CHOUDHURY Vs THE STATE OF ASSAM AND ORS on 10 June 2026

ORDER

Date : 11.06.2026

Heard Mr. Anowar Hossain, learned counsel for the petitioner. Also heard Mr. U. Sarma, learned standing counsel, Secondary Education Department, appearing on behalf of respondents No. 1, 3 & 7; Ms. R. M. Barooah, learned standing counsel, Finance Department, appearing on behalf of respondents No. 2 & 8; Ms. A. Sarma, learned standing counsel, Accountant General(A&E), appearing on behalf of respondent No. 4; and Ms. S. Konwar, learned Government Advocate, appearing on behalf of respondent No. 5.

2. By way of filing this writ petition under Article 226 of the Constitution of India, the petitioner prays for a following direction to the respondent authorities:

(i) . to pay his arrear regular salary for the month of March, 2025, to which the petitioner is entitled to;

(ii) . to pay 50% of the arrear salary w.e.f. January, 2024, to July, 2024, and 25% w.e.f. August, 2024, to February, 2025, till his reinstatement in service which was withheld in terms of the suspension order dated 27.02.2024, issued by the Director, Secondary Education Department, Kahilipara, Assam; and

(iii) . to pay his admissible pensionary benefits i.e. provident fund, leave encashment benefits, GIS benefits, provisional pension as well as other benefits.

3. The respondent No. 3 viz. Director, Secondary Education Department, Assam, in his affidavit-in-opposition while admitting the liabilities towards the petitioner, it has been stated that the Director, Secondary Education Department, Assam, by its letter dated 06.01.2026, has directed the Inspector of Schools, Nagaon, for taking necessary steps for releasing the pensionary benefits to the petitioner as per the existing rules.

4. Based on the above submission, Mr. Sarma, learned standing counsel, Secondary Education Department, was directed to obtain instructions as to whether the provisional pension payable to the petitioner, has been released or not.

5. In compliance of the above directions, today, Mr. Sarma, learned standing counsel, Secondary Education Department, has produced before the Court, a copy of the communication dated 11.06.2026, wherein, it is stated that the Final GPF amounting to Rs. 14,08,471/- in respect of the petitioner, has already been released. Further, an amount of Rs. 11,39,311/-, being the Earned Leave encashment and an amount of Rs. 1,08,421/- being the GIS, has been sanctioned vide order, dated 10.06.2026, issued under Memo. No. IS/NDC/Pen/2693, and vide order, dated 10.06.2026, issued under Memo. No. IS/NDC/AC/GIS/ PROV/2690, respectively. It is further stated that the pension proposal of the petitioner, submitted by the Principal, Kaoimari Higher Secondary School, on 11.06.2026, is under process. The said communication dated 11.06.2026, which is marked as document ‘X’ for identification, is reproduced hereinbelow: “Govt. of Assam Office of the Inspector of Schools, NDC, Nagaon No. IS/NDC/AAP/WPC-3145/2025/2700 Date: 11/06/2026 From: Sri Mridul Kr. Nath, AES-I Inspector of Schools, NDC, Nagaon To: The Sr Standing Counsel, Education(S) Department Hon'ble Gauhati High Court, Ghy-1

Sub: Submission of report in connection with WP(C) 3145/2025, filed by Bulbul Choudhury. Sir, With reference to the subject cited above, I have the honour to inform you that the Principal of Kaoimari Higher Secondary School has reported that the final GPF amounting to Rs. 14,08,471/- in respect of Sri Bulbul Choudhury has already been released. Further, an amount of Rs. 11,39,311/- on account of unutilised Earned Leave and Rs. 1,08,421/- towards GIS has been sanctioned vide this office Order No. IS/NDC/Pen/2693 dated 10/06/2026 and Order No. IS/NDC/AC/ GIS/PROV/2690 dated 10/06/2026 respectively. It is also informed that the pension proposal in respect of Sri Bulbul Choudhury has submitted by the Principal, Kaoimari Higher Secondary School on 10/06/2026 and is under process. In view of the above, you are kindly requested to apprise the aforesaid facts before the Hon'ble Court. This is for favour of your kind information and necessary action.

Yours faithfully. Sd/- Inspector of Schools NDC, Nagaon Memo No. IS/NDC/AAP/WPC-3145/2025/2 2700-A Date: 11/06/2026”

6. In view of the above, Mr. Sarma, learned standing counsel, Secondary Education Department, submits that since the respondent’s pension proposal is under process, the present writ petition may be disposed of by directing the respondent authorities to complete the process regarding payment of pensionary benefits to the petitioner by granting sufficient time to the authority concerned.

7. Mr. Hossain, learned counsel for the petitioner, has acknowledged the receipt of the aforesaid communication dated 11.06.2026, and he, however, prays that the respondent authorities may be directed to complete the entire process regarding release of pensionary benefits i.e. provident fund, leave encashment benefits, GIS benefits, provisional pension as well as other benefits to the petitioner within a short time period.

8. Considering the matter in its entirety, and also taking into consideration the submissions of the learned counsel for the parties; the petitioner is granted 2(two) weeks time from the date of receipt of a certified copy of this order, to submit all the required and relevant documents before the Inspector of Schools, NDC, Nagaon, to enable the respondent to release his admissible pensionary benefits.

9. The Inspector of Schools, NDC, Nagaon, on receipt of such documents along with the certified copy of this order from the petitioner, shall, thereafter, complete the entire process of releasing of the pensionary benefits i.e. provident fund, leave encashment benefits, GIS benefits, provisional pension as well as other benefits, to the petitioner within a period of 3(three) months from the date of a certified copy of this order.

10. The writ petition stands disposed of in terms above.

JUDGE Comparing Assistant