Petitioner sought pension for her deceased husband. The court directed authorities to pass appropriate orders granting pensionary and retiral benefits within two months, effectively resolving the matter.
Direction to respondents to pass appropriate orders granting pensionary and other retiral benefits to the petitioner within two months.
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GAHC010025482016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 5688/2016
1:MS. RINI CHUTIA GOGOI
W/O. LT. BHADRA GOGOI, R/O. CHENGDHARA GAON, P.O. and P.S. SIMALUGIRI, DIST. SIVASAGAR, ASSAM.
VERSUS
1:THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM, EDUCATION ELEMENTARY DEPTT., DISPUR, GUWAHATI-781006, ASSAM.
2:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019.
3:THE DISTRICT ELEMENTARY EDUCATION OFFICER DEEO SIVASAGAR DIST. SIVASAGAR ASSAM PIN. 785640.
4:THE DY. INSPECTOR OF SCHOOLS NAZIRA SUB-DIVISION NAZIRA SIVASAGAR ASSAM PIN. 785685.
5:THE DIRECTORATE OF PENSION ASSAM NAHARANI PATH HOUSEFED
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DISPUR GUWAHATI - 781006
Advocate for the Petitioner : MR.S U AHMED
Advocate for the Respondent : SC, PENSION
BEFORE HONOURABLE MR. JUSTICE N. KOTISWAR SINGH
ORDER
Date : 16-09-2019
Heard Mr. S. U. Ahmed, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned Standing Counsel, Elementary Education Department and Mr. A. Chetry, learned Standing Counsel, Pension Department.
In this regard, it may be mentioned that this Court passed an order on 19.12.2018, as follows:
“Mr. SU Ahmed, learned counsel for the petitioner states that the husband of the petitioner was appointed as an Assistant Teacher in the Charaideu Bagicha LP School on 27.10.1999. Subsequently, by the order dated 21.11.2003 of the Deputy Inspector of Schools, Nazira and pursuant to the order dated 29.10.2003 bearing EVD.4/98/394, the husband of the petitioner was allowed to draw a regular scale of pay of Rs.3130 to 6600/- plus other
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admissible allowances. From February, 2012, the husband petitioner has not been paid his salary.
The respondent authorities take a stand that the appointment of the husband of the petitioner was irregular/illegal inasmuch as, according to them, he was appointed in excess of the available post.
But the husband of the petitioner died on 24.08.2015 before the aforesaid allegation of the respondent authorities that he is an excess teacher could be given a final consideration by drawing up a proceeding against the husband of the petitioner. As no such consideration can now be given after passing away of the husband of the petitioner, it is to be construed that the allegation of the respondent authorities that the husband of the petitioner is an excess teacher, can no longer be given a final consideration, meaning thereby that such allegation ceases to exist in the eye of law.
Accordingly, a conclusion that can be arrived at is that no further action can be taken by the authorities against the husband of the petitioner on the allegation of being an excess teacher.
In the circumstance, the respondents on the next date fixed shall explain as to why the husband of the petitioner shall not be entitled to all pensionery benefits that he may be entitled under the law including the pensionery benefits of family pension.
List the matter again on 04.02.2019.”
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the authorities are directed to pass appropriate orders regarding the claim of the petitioner for grant of pensionary and other retiral benefits.
1 provisions across 1 enactments
MS. RINI CHUTIA GOGOI
THE STATE OF ASSAM
COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DIRECTOR ELEMENTARY EDUCATION ASSAM
N. KOTISWAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
