In a writ petition, the Gauhati High Court directed respondent authorities to pay the petitioner's approved monthly pension of Rs. 75,000 along with arrears and other retirement benefits within 30 days, holding pension a legal right.
Direction to respondent No. 4 to pay monthly pension of Rs. 75,000, arrears, and other retirement benefits within 30 days.
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GAHC040005962020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : WP(C) 224/2020
1:Tamiyo Taga
S/O LT. TAPON TAGA, PERMANENT RESIDENTOF JOMO VILLAGE, PO /PS RUMGONG, SIANG DISTRICT, AP.
VERSUS
1:THE STATE OF AP REPRESENTED BY THE SECRETARY, ARUNACHAL PRADESH LEGISLATIVE ASSEMBLY, ITANAGAR.
2:THE DIRECTOR AUDIT AND PENSION GOVT. OF AP NAHARLAGUN AP
3:THE DISTRICT TREASURY OFFICER DEPARTMENT OF TREASURY AALO WEST SIANG DISTRICT AP.
4:THE ASSISTANT GENERAL MANAGER
STATE BANK OF INDIA-CENTRALISED PENSION PROCESSING CENTRE (CPPC) SHUBAM GREENS LOKHRA POINT PO -SAULKUCHI GUWAHATI-34 ASSAM
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Advocate for the Petitioner : J. Jini
Advocate for the Respondent : GA (AP)
BEFORE
HONBLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 21-11-2020
Heard Mr. J. Jini, learned counsel for the petitioner. Also heard Mr. I. Riram, learned Addl. Sr. Govt. Advocate for the respondents No. 1 to 3.
2. Office note discloses that notices upon the respondents No. 4 & 5 have already been served.
3. The Government of Arunachal Pradesh approved a monthly pension of Rs. 75000/- (Seventy-Five Thousand) to the petitioner who had served the Arunachal Pradesh Legislative Assembly for 4(four) terms. He was also a minister in the Government of Arunachal Pradesh.
4. The Director of Audit & Pension, Govt. of Arunachal Pradesh issued a letter to the Treasury Officer, Aalo, approving payment of Rs. 75000/- (Seventy-Five Thousand) per month w.e.f. 26.05.2019, as monthly pension to the petitioner. Thereafter, the Treasury Officer, District Treasury, Aalo issued a letter to the respondent No. 5, the Chief Manager, State Bank of India, asking him to pay the pension of Rs. 75,000/- per month, to the petitioner w.e.f. 26.05.2019. But till today the petitioner has not yet received the pension. Thereafter, one legal notice was issued to the State bank of India and the bank and the Respondent No. 5, informed the lawyer of the petitioner that the pension proposal of the petitioner was already sent to Central Pension
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Processing Centre (CPPC).
5. Considering the aforesaid matter and the fact that the pension is a legal right of a person, I hereby direct that the respondent authorities, more particularly the respondent No. 4, The Assistant General Manager, State Bank of India - Centralised Pension Processing Centre(CPPC), shall pay the monthly pension @ Rs. 75,000/- and arrears, along with other retrial benefits, to the petitioner, within 30(thirty) days of receipt of the copy of this order.
6. With the aforesaid observation the present writ petition is disposed of.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the petitioner is entitled to receive his approved monthly pension of Rs. 75,000 along with arrears.
Whether the respondents are directed to pay the arrears of pension and other retirement benefits.
Whether the delay in payment of the pension by the State Bank of India amounts to a failure to perform a legal obligation.
Tamiyo Taga
The State of AP represented by the Secretary, Arunachal Pradesh Legislative Assembly, Itanagar
The Director Audit and Pension Govt. of AP
The District Treasury Officer Department of Treasury Aalo
The Assistant General Manager State Bank of India-Centralised Pension Processing Centre
The Chief Manager State Bank of India Aalo Branch
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
