Disposed

Khira Neog v. the State of Assam and 8 Ors.

Gauhati HC18 Jul 2019I.A.(Civil)/913/2019

Case brief

AI extract

What is this about?

The High Court disposed of an interlocutory application modifying the order in a related writ petition. It directed the Elementary Education Department to verify and make payment of retirement pension and other benefits due to the deceased husband within four months, in addition to the family pension direction already given.

What did the court decide?

Directed the Head of Office/Elementary Education Department to verify and make payment of pension and other pensionary benefits due to the applicant's husband within four months.

Khira Neog Vs the State of Assam and 8 Ors. — Pension and Retirement Benefits | Gauhati HC (2019)

¶1

Page No.# 1/4

¶2

GAHC010050482019

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : I.A.(Civil) 913/2019

¶5

1:KHIRA NEOG

¶6

W/O LATE RATUL KR. NEOG, R/O VILL. KARCHOWA GAON, P.O. KARCHOWA, DIST. SIVSAGAR, ASSAM, PIN 785684

¶7

VERSUS

¶8

1:THE STATE OF ASSAM AND 8 ORS. REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPTT., GUWAHATI DISPUR 06

¶9

2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT

¶10

GUWAHATI DISPUR-06.

¶11

3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI -29 .

¶12

4:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX GUWAHATI-06.

¶13

5:THE DISTRICT ELEMENTARY EDUCATION OFFICER DIST. SIVASAGAR ASSAM PIN -785684.

¶14

Page No.# 2/4

¶15

6:THE BLOCK ELEMENTARY EDUCATION OFFICER NAZIRA DIST. SIVASAGAR ASSAM

¶16

7:THE FINANCE AND ACCOUNTS OFFICER OFFICE OF THE DIRECTOR OF PENSION

¶17

ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI-06.

¶18

8:THE TREASURY OFFICER NAZIRA DIST. SIVSAGAR PIN -785685.

¶19

9:THE ACCOUNTANT GENERAL (A AND E) MAIDAMGAON BELTOLA GUWAHATI- 78102

¶20

Advocate for the Petitioner : MS. M DEORI

¶21

Advocate for the Respondent : SC, ELEM. EDU

¶22

BEFORE HONOURABLE MR. JUSTICE MANOJIT BHUYAN

¶23

order

¶24

Date : 18-07-2019

¶25

Heard Ms. M. Deori, learned counsel for the applicant as well as Ms. R. Roy Choudhury, learned counsel representing respondent nos. 1, 3, 5 and 6. Mr. S. R. Baruah, learned counsel represents respondent nos. 4 and 7 whereas Mr. R. K. Talukdar, learned counsel appears for respondent no. 9.

¶26

By the present application, prayer is made seeking modification of the order dated 22.02.2019 passed in the related writ petition i.e. WP(C) 1163/2019.

¶27

The writ petition was instituted by the applicant, being the widow of one Ratul Neog,

¶28

Page No.# 3/4

¶29

who served and retired as an Assistant Teacher of Borahibari M.V. School, on attaining the age of superannuation on 31.03.2015. Her husband suffered demise on 05.05.2016 without having received any pension and other pensionary benefits. Claiming the pension dues to which Ratul Neog was entitled to from the date of retirement until his death on 05.05.2016 and with further claim for payment of family pension to the applicant, the writ petition was filed. The same was disposed of on 22.02.2019 with direction to the Head of Office/Department i.e. Elementary Education Department to look into the aspect if there was any misrepresentation or fraud on the part of the husband of the applicant/writ petitioner and to complete the exercise within 4 (four) weeks by affording opportunity of hearing to the applicant/writ petitioner, if required. It was also made clear that in the absence of any detrimental finding, necessary steps would be taken by the concerned respondents for finalising family pension and to make payment thereof to the applicant/writ petitioner without insisting on recovery of any excess drawal.

¶30

Apparently, this Court while passing the order dated 22.02.2019 did not make any direction towards payment of pension and other pensionary benefits to which the husband of applicant/ writ petitioner was entitled to until the date of his demise. In fact, such direction should also have been incorporated in the order dated 22.02.2019.

¶31

Having regard to the above and also looking at the prayer made in the writ petition, supported by the statements and averments made therein, the present Interlocutory Application stands disposed of by directing the Head of Office/Elementary Education Department to verify and make payment of pension and other pensionary benefits to the applicant/writ petitioner which was legitimately due to her husband upon his retirement from regular service. Such verification and payment of pension and other pensionary benefits shall be completed within a period of 4 (four) months from today. This direction is in addition to the direction already made towards finalising the family pension and making payment thereof to the applicant/writ petitioner, as contained in the order dated 22.02.2019.

¶32

With the aforesaid direction, the present Interlocutory Application stands disposed of.

¶33

Page No.# 4/4

¶34

JUDGE

¶35

Comparing Assistant

Khira Neog v. the State of Assam and 8 Ors.

Case brief

What is this about?

What did the court decide?

Khira Neog v. the State of Assam and 8 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Morjiana Sikdar Vs the State of Assam and 4 Ors.

Sunil Kr. Das Vs the State of Assam and 6 Ors.

Haydor Hussain Barbhuiya Vs the State of Assam and 3 Ors.

Nazrul Islam and Anr. Vs the State of Assam

Dr. Aditya Bihar Kandali Vs the State of Assam and 3 Ors.

The School Management and Development Committee Vs Gobinda Ch. Kalita and 2 Ors.