Disposed

Anjali Chetia v. the State of Assam and 5 Ors.

Gauhati HC10 Jun 2019WP(C)/3792/2019

Case brief

AI extract

What is this about?

In a writ petition concerning the claim for family pension, the Gauhati High Court directed the respondent authorities to take necessary steps to process the grant of family pension within two months, relying on a prior office order and noting the deceased husband's eligibility.

What did the court decide?

Direction to the respondent authorities to take necessary steps to grant family pension within two months.

Anjali Chetia Vs the State of Assam and 5 Ors. — Pension and Retirement Benefits | Gauhati HC (2019)

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GAHC010126522019

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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) 3792/2019

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1:ANJALI CHETIA W/O. LT. ANIL CHETIA, VILL. LATHIKARIA NAGAON, P.O. BARBARUAH, P.S. BARBARUAH, DIST. DIBRUGARH, ASSAM, PIN-786007.

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VERSUS

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1:THE STATE OF ASSAM AND 5 ORS.

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REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, SERICULTURE DEPTT., DISPUR, GUWAHATI-06.

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2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCE DEPTT. DISPUR GUWAHATI-06.

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3:THE DIRECTOR OF SERICULTURE ASSAM GUWAHATI-22.

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4:THE ACCOUNTANT GENERAL (A AND E) ASSAM BELTOLA GUWAHATI-29.

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5:THE ASSTT. DIRECTOR OF SERICULTURE DIBRUGARH DIST. DIBRUGARH ASSAM PIN-786001.

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6:THE TREASURY OFFICER DIBRUGARH TREASURY DIST. DIBRUGARH ASSAM PIN-786001

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Advocate for the Petitioner : MR. K R PATGIRI

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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 : 10-06-2019

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Heard Mr. K.R. Patgiri, learned counsel for the petitioner. Also heard Mr. S.S. Roy, learned Government Advocate for the respondent Nos.1, 2, 3 & 5 as well as Mr. R.K. Talukdar, learned Standing Counsel, A.G. for the respondent No.4 and Mr. P. Nayak, learned Standing Counsel, Finance Department for the respondent No.6.

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Considering the nature of the case, this Court is of the view that the present petition can be disposed of at this stage without issuing any formal notice to the respondents.

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The matter pertains to claim for grant of family pension.

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The petitioner’s husband was initially appointed as a Muster Roll worker in Lathikaria at Sericulture Firm on 01.06.1989 under the administrative control of the Asstt. Director of Sericulture, Dibrugarh, Assam and thereafter his service was regularized w.e.f. 22.07.2005 and petitioner’s husband died while in service on 21.12.2007. Thereafter, petitioner submitted his application for grant of family pension.

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It is the case of the petitioner that though certain steps were initiated by the authorities for grant of family pension, because of certain deficiency the process had stopped as evident from the letter dtd. 25.06.2014 written by the Office of the Principle Accountant General (A & E) to the Deputy Secretary to the Govt. of Assam, Handloom, Textiles & Sericulture Department, Dispur requesting him to make arrangement for resubmission of

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Pension/Family pension in respect of late Anil Chetia, the husband of the petitioner at an early date after meeting the observations as pointed out in the aforesaid letter so that the family pension may be authorized expeditiously.

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Unfortunately, thereafter no steps were taken by the Office of the Deputy Secretary to the Govt. of Assam, Handloom, Textiles & Sericulture Department because of which the petitioner has not got her family pension.

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It has been submitted that as per Rule 140 of the Assam Service (Pension) Rules 1969, minimum period of one year of service is required to be served by the person concerned for grant of family pension to the family of the deceased person. At the time of death the petitioner’s husband had completed 2 years 4 months and 29 days and as such the petitioner would be entitled to family pension.

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Be that as it may, since the office of the Accountant General had already written to the Deputy Secretary to the Govt. of Assam for taking necessary steps for resubmission of the family pension as per letter dtd. 25.06.2014, the present petition is disposed of with the direction to the respondent authorities to take necessary steps in terms of the aforesaid letter dtd. 25.06.2014 so that the petitioner can enjoy her family pension.

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In this regard, if there be any action to be undertaken by the petitioner, the respondent authorities will intimate the same so that the petitioner will do all necessary from her part, for enjoying the family pension. The respondent authorities, accordingly, will do the necessary and submit the necessary papers to the Office of the Accountant General (A & E) within a period of 2(two) months from the date of receipt of a certified copy of this order.

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JUDGE

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Comparing Assistant

Anjali Chetia v. the State of Assam and 5 Ors.

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Anjali Chetia v. the State of Assam and 5 Ors.

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