Gauhati High Court
WP(C)/644/2024 of NILA KUMAR SARMA Vs THE STATE OF ASSAM AND 4 ORS on 7 May 2026
GAHC010018022024 2026:GAU-AS:6343 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/644/2024 NILA KUMAR SARMA SON OF LATE KALINATH SARMA, RESIDENT OF VILLAGE- KHARKHOWAPARA, P.O. DEOMORONI AND P.S. SIPAJHAR, DISTRICT- DARRANG, ASSAM- 784147
GAHC010018022024
2026:GAU-AS:6343
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/644/2024
NILA KUMAR SARMA
SON OF LATE KALINATH SARMA, RESIDENT OF VILLAGE- KHARKHOWAPARA, P.O. DEOMORONI AND P.S. SIPAJHAR, DISTRICT- DARRANG, ASSAM- 784147
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE SECRETARY, SECONDARY EDUCATION
DEPARTMENT, GROUND FLOOR, BLOCK- C, JANATA BHAWAN, DISPUR, KAMRUP (M), GUWAHATI, ASSAM- 781006
2:THE DIRECTORATE OF SECONDARY EDUCATION
REPRESENTED BY ITS DIRECTOR
KAHILIPARA
GUWAHATI
KAMRUP (M)
ASSAM- 781019
3:THE INSPECTOR OF SCHOOLS
OFFICE OF THE INSPECTOR OF SCHOOLS
DARRANG DISTRICT CIRCLE
MANGALDAI
WARD NO-3
BB ROAD
MARKET ROAD
MANGALDOI
ASSAM- 784125
4:DAHI HIGHER SECONDARY SCHOOL
REPRESENTED BY ITS PRINCIPAL
MANGALDAI DIPILA ROAD
KABIKARA
NIZ DAHI
DARRANG
P.O. JANARAMCHOWKA
ASSAM- 784529
5:THE PRINCIPAL
DAHI HIGHER SECONDARY SCHOOL
MANGALDAI DIPILA ROAD
KABIKARA
NIZ DAHI
DARRANG
P.O. JANARAMCHOWKA
ASSAM- 78452
Advocate for the Petitioner : MR. P BORA, MS K BHATTACHARYYA,MS K SARMA,MR H K
SARMA
Advocate for the Respondent : SC, SEC. EDU., MR R SARMA(R-5),MR. R BORUAH(R-5),Ms. R.
R. BORAH (R-5),MS. N M DEKA (R-5)
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
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ORDER
Date : 08.05.2026
Heard Mr. H. K. Sarma, learned counsel for the petitioner and Mr. S. M. T. Chistie, learned Standing Counsel, Secondary Education Department, Govt. of Assam, appearing for the said department and Mr. R. Boruah, learned counsel appearing for the respondent No. 5. On 27.04.2026, Court passed the following order: “BEFORE HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 27.04.2026 In terms of the last Court’s order, Ms. P. Das, learned Standing
Counsel, Secondary Education Department has produced her instructions dated 27.04.2026, which shows that a total amount of Rs.50,51,141/- has been released to the petitioner towards DCRG, arrear monthly salary, GIS, Leave Encashment and GPF. She submits that no further amount is pending to be released to the petitioner as on today. Ms. K. Sarma, learned counsel for the petitioner on the other hand submits that she may be given a week’s time to get instructions from her client in view of the instructions received by the learned Standing Counsel, Secondary Education Department. In view of above, list the matter on 08.05.2026. The Communication dated 27.04.2026 produced by Ms. P. Das, learned Standing Counsel, Secondary Education Department is retain on record and marked as ‘x’ for identification.” Today, the learned counsel for the petitioner submits that as per the instructions received by him, the petitioner has received the benefit but has not received the pension. He further submits that the matter can be closed but respondents may be directed to grant the pension of the petitioner. Considering the above submissions, the writ petition stands closed, however with an observation that any pending dues towards pension in favour of the petitioner be processed and released to him as entitled to legal heir of the retired pensioner i.e. the petitioner.
JUDGE Comparing Assistant