Remanded

Prabin Ch. Bharali v. the State of Assam and 4 Ors.

Gauhati HC3 Jun 2019WP(C)/1068/2019

Case brief

AI extract

What is this about?

The petitioner sought relief for the non-sanction of GPF, GIS, and house rent allowance post-retirement. The court directed the agricultural and finance departments to release GIS and the remaining house rent within four weeks, with the option to issue reasons if entitlement is denied.

What did the court decide?

The respondent authorities are directed to release the GIS and remaining house rent to the petitioner within 4 weeks or issue a speaking order explaining why the petitioner is not entitled.

Prabin Ch. Bharali Vs the State of Assam and… — Pension and Retirement Benefits | Gauhati HC (2019)

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Page No.# 1/3

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GAHC010032642019

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

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Case No. : WP(C) 1068/2019

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1:PRABIN CH. BHARALI

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S/O- LT HAHI RAM BHARALI, ADD- VILL- BANGSAR, P.O. BANGSAR, P.S. SUALKUCHI, DIST- KAMRUP (ASSAM)

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VERSUS

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1:THE STATE OF ASSAM AND 4 ORS.

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TO BE REP. BY ITS COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, AGRICULTURE DEPTT., DISPUR, GHY-6

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2:THE STATE OF ASSAM TO BE REP. BY ITS COMM. AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY-6

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3:ACCOUNTANT GENERAL (A AND E) GOVT. OF ASSAM BELTOLA GHY

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4:DIRECTOR AGRICULTURE DEPTT. KHANAPARA- 22 GHY-

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5:DISTRICT AGRICULTURE OFFICER KAMRUP ULUBARI GHY-

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Advocate for the Petitioner : MR B KAKATI

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE N. KOTISWAR SINGH

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ORDER

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Date : 03-06-2019

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Heard Mr. B. Kakati, learned counsel for the petitioner. Also heard Mr. S.M.T. Chistie, learned Standing Counsel, Agriculture Department for respondent No. 1, 4 and 5; Mr. P. Nayak, learned Standing Counsel, Finance Department for respondent No. 2 and Mr. R. K. Talukder, learned Standing Counsel, AG for respondent No. 3.

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The grievance of the petitioner is for the non-sanction of GPF, GIS, house rent allowance to the petitioner even after two years of his retirement.

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Mr. R. K. Talukder, learned Standing Counsel, AG for respondent No. 3, on instructions received has submitted that as regards the GPF, the Office of the respondent No. 3 has already authorised the District Agriculture Officer, Kamrup, Ulubari, Guwahati for payment to the petitioner.

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Learned counsel for the petitioner also submits that he has received the said GPF amount. However, he has received only 50% of the house rent and the GIS has not been released to him.

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It has been submitted by Mr. R. K. Talukder that as per instructions received from the Office of the respondent No. 3, GIS and house rent are subject matter which lie with the Administrative Department.

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In view of above, the respondent authorities, more particularly, respondent Nos. 1, 4 and 5 are directed to do the needful and after making necessary verification, release the GIS and remaining amount of house rent to the petitioner within a period of 4 (four) weeks from today.

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If for any reason, the authorities consider that the petitioner is not entitled to the aforesaid, the respondent authorities will indicate so by issuing a speaking order with reasons

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thereof as to why the petitioner is not entitled, so that the petitioner can move this Court again if aggrieved by any such decision taken by the authorities.

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JUDGE

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Comparing Assistant

Prabin Ch. Bharali v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Prabin Ch. Bharali v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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