The Gauhati High Court directed the Accountant General to settle the family pension of the petitioner, widow of deceased ex-serviceman Shahjahan Ali, within six weeks, following a resubmitted proposal, and closed the contempt proceedings.
Directs Accountant General to settle family pension within six weeks; closes contempt proceedings.
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GAHC010048732019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C) 132/2019
1:JAHANARA BEGUM
W/O- LATE SUB INSPECTOR(B) (EX-S) SHAHJAHAN ALI, R/O- H NO. 495, VILL- ATAGAON, P.O- SARUTAPA, P.S- BARPETA, DIST- BARPETA, ASSAM, PIN- 781352
VERSUS
1:BHASKAR JYOTI MAHANTA AND ANR
IPS, ADDITIONAL DIRECTOR GENERAL OF POLICE(B) HQ(B), ASSAM AND ADDL CHARGE DIRECTOR F AND ES ASSAM, BHANGAGARH, SRIMANTAPUR, GUWAHATI- 781032
2:DR. A U CHOUDHURY IAS COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPTT BLOCK-D 2ND FLOOR ASSAM SECRETARIAT (CIVIL) DISPUR GUWAHATI- 78100
Advocate for the Petitioner : MR H GUPTA
Advocate for the Respondent : MR. A U CHOUDHURY (R2)
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BEFORE
HONOURABLE MR. JUSTICE UJJAL BHUYAN
ORDER
Date : 16-09-2019
Heard Ms. RN Sarma, learned counsel for the petitioner; Mr. S Borthakur, learned counsel for respondent No.1; and Mr. S Islam, learned counsel for respondent No.2.
This petition has been filed alleging willful and deliberate violation of the order of the writ court dated 21.09.2017, passed in WP(C) No.6219/2014 where one of the petitioners was Shahjahan Ali, husband of the petitioner.
Shahjahan Ali was an ex-serviceman. He was appointed as Constable in the Border Organization of Assam Police under Additional Prevention of Infiltration of Foreigners Scheme. Shahjahan Ali and others had approached this Court by filing the related writ petition, being WP(C) No.6219/2014 with the grievance that despite rendering more than 10 years of service under the aforesaid scheme, he was not paid pension. Writ court relied upon an order dated 23.04.2015, passed in WP(C) No.1147/2013 wherein direction was issued for payment of proportionate pension besides other admissible dues. Following the aforesaid order dated 23.04.2015, writ court passed the order dated 21.09.2017 disposing the related writ petition in terms of order dated 23.04.2015.
In the course of hearing today, Mr. Borthakur submits that Government has allowed proportionate pension and other admissible pensionary benefits to ex-serviceman who have retired from Border Organization under PIF Scheme rendering more than 10 years of service but less than 20 years of service in relaxation of Rule 31 of Assam Services (Pension) Rules, 1969. It may be mentioned that Shahjahan Ali expired on 07.01.2019 whereafter petitioner being the widow has filed the present petition.
Deputy Inspector General of Police (MPC), Assam Police Headquarters had resubmitted pension proposal in respect of Shahjahan Ali after rectifying discrepancies to the Office of Accountant General (A&E), Assam on 29.05.2019.
Since the matter is now before the Accountant General (A&E), who was, however, not a party in the original writ petition, the said authority shall now do the needful to settle the
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family pension case of the petitioner within a period of six weeks from the date of receipt of a certified copy of this order.
With the above direction, contempt proceeding is closed.
JUDGE
Biplab
Comparing Assistant
2 issues framed by the court
Whether the court can direct the Accountant General to settle the family pension case after the principal beneficiary has died.
Whether the contempt proceedings regarding violation of previous writ orders should be closed.
Jahanara Begum
Bhaskar Jyoti Mahanta and Anr
Ujjal Bhuyan
As recorded by the court registry
Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.
Judgements on the same questions, provisions and authorities, from every court
