Disposed

Smti Rekha Rani Chanda v. the State of Assam and 4 Ors.

Gauhati HC8 May 2019WP(C)/1149/2019

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition filed by a 74-year-old widow seeking family pension for her deceased son, a former Khalasi. The court directed the authorities to verify the son's service records within two months and release pension if eligible, issuing a speaking order if denied.

What did the court decide?

Direction to respondent authorities to verify petitioner's son's service records, and if eligible, pay family pension within two months.

Smti Rekha Rani Chanda Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2019)

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GAHC010035352019

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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) 1149/2019

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1:SMTI REKHA RANI CHANDA

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W/O. LT. NIRANJAN CHANDA, R/O. RONGPUR, NAVAPALLY, RAMKRISHNA SARANI, SILCHAR, DIST. CACHAR, ASSAM-788009.

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VERSUS

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1:THE STATE OF ASSAM AND 4 ORS.

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REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, WATER RESOURCES DEPTT., DISPUR, GUWAHATI-06.

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2:THE CHIEF ENGINEER ASSAM WATER RESOURCES DEPTT. CHANDMARI GUWAHATI-03 DIST. KAMRUP (M) ASSAM.

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3:THE SUPERINTENDING ENGINEER SILCHAR WATER RESOURCE DIVISION SILCHAR DIST. CACHAR ASSAM.

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4:THE EXECUTIVE ENGINEER SILCHAR WATER RESOURCES DIVISION SILCHAR DIST. CACHAR ASSAM.

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5:THE PRINCIPAL ACCOUNTANT GENERAL

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ASSAM MAIDAMGAON BELTOLA GUWAHATI-28 DIST. KAMRUP (M) ASSAM

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Advocate for the Petitioner : MR. R SARMA

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Advocate for the Respondent : SC, WATER RESOURCE

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BEFORE HONOURABLE MR. JUSTICE N. KOTISWAR SINGH

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ORDER

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Date : 08-05-2019

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Heard Ms. I. Deka, learned counsel for the petitioner. Also heard Mr. B. Goswami, learned standing counsel for the Water Resource Department.

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The present petition pertains to claim for pensionary benefit on account of the service rendered by the petition’s son, who was working as a Khalasi under the Executive Engineer, Silchar Water Resource Division, Silchar.

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It is settled that only who is on a regular service, and having requisite years of qualifying service will be entitled to pensionary benefits. As a consequence, only when such a deceased employee had rendered minimum required qualifying service that the legal heir also be entitled to the family pension.

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In the present case, the petitioner is a 74 years old lady. Keeping the aforesaid fact in view, the present petition is disposed of with the direction to the respondent authorities to verify the service records of the petitioner’s son namely, Ashim Chanda, who was working as a Khalasi under the Executive Engineer, Silchar Water Resource Division, Silchar, and if it is found that the petitioner’s son had serving on regular basis or is entitled to otherwise in terms of the various directions issued by this Court, the authorities will work-out the

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entitlement and release the family pension to the petitioner after making due verification.

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This exercise shall be undertaken by the authorities within a period of two months from the date of receipt of a certified copy of this order. If for any reason, the petitioner is found not to be eligible, the authority will inform the petitioner by issuing a speaking order, so that the petitioner may approach the competent forum for redressal of her grievances.

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If any amount is recovered by the authorities before payment release of salary, the same may be done not otherwise.

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JUDGE

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Comparing Assistant

Smti Rekha Rani Chanda v. the State of Assam and 4 Ors.

Case brief

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Smti Rekha Rani Chanda v. the State of Assam and 4 Ors.

Case brief

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