Gauhati High Court
WP(C)/6545/2023 of ON THE DEATH OF DR. PAWAN SWARNAKAR, HIS LEGAL HEIRS Vs THE STATE OF ASSAM AND 3 ORS on 17 May 2026
GAHC010243192023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6545/2023 ON THE DEATH OF DR. PAWAN SWARNAKAR, HIS LEGAL HEIRS 1A. SMTI RIMZIM SWARNAKAR, RESIDENT OF T.R. PHUKAN ROAD, CHIRING CHAPORI, P.O. AND P.S.- DIBRUGARH, DISTRICT-
GAHC010243192023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6545/2023
ON THE DEATH OF DR. PAWAN SWARNAKAR, HIS LEGAL HEIRS
1A. SMTI RIMZIM SWARNAKAR,
RESIDENT OF T.R. PHUKAN ROAD,
CHIRING CHAPORI,
P.O. AND P.S.- DIBRUGARH,
DISTRICT- DIBRUGARH, ASSAM.
2: 1B. SMTI MONMI SWARNAKAR
RESIDENT OF T.R. PHUKAN ROAD
CHIRING CHAPORI
P.O. AND P.S.- DIBRUGARH
DISTRICT- DIBRUGARH
ASSAM.
3: 1C. SMTI MONI KANKANA SWARNAKAR
RESIDENT OF T.R. PHUKAN ROAD
CHIRING CHAPORI
P.O. AND P.S.- DIBRUGARH
DISTRICT- DIBRUGARH
ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM,
HEALTH DEPARTMENT,
CAPITAL COMPLEX, DISPUR,
GUWAHATI, ASSAM.
2:THE DIRECTOR
HEALTH SERVICES
GOVT. OF ASSAM
HENGRABARI
DISPUR
GUWAHATI
ASSAM.
3:THE JOINT DIRECTOR OF HEALTH SERVICES
DIBRUGARH
P.O. AND P.S.- DIBRUGARH
DISTRICT- DIBRUGARH
ASSAM.
4:THE ACCOUNTANT GENERAL
GOVT. OF ASSAM
MOIDAM GAON
BELTOLA
GUWAHATI
P.O. AND P.S.- BELTOLA
DISTRICT- KAMRUP(METRO)
ASSAM.
5:DIRECTOR OF HEALTH SERVICES (FAMILY WELFARE)
GOVT. OF ASSM
LICHUBAGAN
HENGERABARI
GUWAHATI
ASSAM-781005
Advocate for the Petitioner : MD. A SAHAD, MR. M H ALI
Advocate for the Respondent : SC, HEALTH, MR R DHAR,SC, AG
BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
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ORDER
Date : 18.05.2026 Heard Ms. Pompa Choudhury, learned counsel for the petitioner and Mr. J. Goswami, learned counsel appearing for the Department Health, Govt. of
Assam, i.e. respondent Nos. 1, 2 and 3. Also heard Mr. R.K. Talukdar, learned Standing Counsel for the respondent No. 4.
2. The learned counsel have submitted in unison that the matter has been settled in the mediation held on 21.01.2026. The terms and conditions of the settlement arrived at is available at the mediator’s report which is reproduced herein for ease of reference. “Since the criminal cases lodged against the original petitioner Dr. Pawan Swarnakar was ended with final report and he already died on 08-02-2025 the case has been settled on the following terms:
(i) The respondent Health Department will now finalized the pension of the petitioner reckoning the date from 30-09-2015 (date of retirement) to 28-02-2025 (as he died on 08-02-2025) and pay all service benefit as entitled to as per law
(ii) The petitioner since was paying with provisional pension with effect from his date of retirement, after calculating the regular pension if it is found that the petitioner is entitled more amount, in that case deducting the amount already paid as provisional pension the surplus amount will be paid by the Department
(iii) The surplus amount of pension (if any) and the other retirement benefits will be paid to the substituted petitioners (daughters) on equal proportion within the current financial year i.e. 31-03-2026.”
3. Since the matter has been settled in its mediation, this Court closes the writ petition on the terms and conditions of the settlement arrived at between the parties and the respondents shall comply with the settlement within a period of 6 (six) months from today.
4. The Writ Petition is accordingly closed. JUDGE Comparing Assistant