GUWAHATI, India, June 16 -- Gauhati High Court issued the following order on May 15:

1. This writ petition was heard on 30.01.2026, 24.02.2026 and was reserved for judgment after the concluding arguments had been advanced on 27.02.2026. Mr. S. Borthakur, learned counsel, appeared for the petitioner, while Mr. B. Gogoi, learned Additional Advocate General, appeared for the State respondents. Mr. R. K. Talukdar, learned Standing Counsel for the Accountant General, appeared for the respondent Nos. 5 and 6, while Mr. N. Upadhyay appeared as the Standing Counsel for the Irrigation Department/respondent Nos. 1, 2 and 3.

2. Seven petitioners have joined in this petition with the following prayers:-

"to show cause as to why a writ in the Nature of certiorari and or any other appropriate writ, order, or direction of like nature should not be issued, thereby setting aside and quashing

i) the impugned communication issued under Memo IGN(E)137/2020/44 No. dated 27/06/2022 issued by the Under Secretary (E) to the Government of Assam, Irrigation Department to the Accountant General (A&E) Assam so far as the same relates to refusal to grant pension to the petitioners;

(ii) Clause B(x) of the Notification No.FPC.12/2017/4 dated 06/07/2017 issued by the Finance (PRU) Department, Government of Assam so far as same relates to the present petitioners;

and/or to show cause as to why a writ in the nature of Mandamus and/or any other appropriate Writ, Order or Direction of like nature should not be issued directing the respondent authority

(i) to release the regular pension alongwith remaining retirement benefits payable to the petitioners against the service rendered by petitioners;

(ii) not to make any recovery from the retirement benefits of the petitioners; call for the records and upon perusal thereof and upon hearing the parties may be pleased to make the Rule absolute and/or may be pleased to pass such further or other order/s as to Your Lordships may seem fit and proper."

3. The facts, as reflected in the petition, are that the petitioners had been initially appointed in the Assam State Minor Irrigation Development Corporation on different dates. Pursuant to a policy decision, the Corporation was closed in the year 2003, and the services of 262 employees were absorbed into the Irrigation Department under the Government of Assam. As per the notification dated 13.05.2005, which was issued to give effect to the formal absorption of the petitioners, along with others, the absorbed employees would have to sign an undertaking individually regarding their giving up of claim of seniority in the Irrigation Department for the past services rendered under the Corporation before joining the Irrigation Department, and that no equalization of pay would be entertained with the employees of the Irrigation Department. The petitioners thereafter joined their services in the Irrigation Department.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpNKC1BHGdnjunLAi7lhLzPZHJHFeu2FwOhoX9cYLE3xX&caseno=WP(C)/6128/2023&cCode=1&cino=GAHC010226392023&state_code=6&appFlag=)

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