Disposed

Kanak Chandra Phukan v. the State of Assam and 6 Ors.

Gauhati HC2 Dec 2020WP(C)/4655/2020

Case brief

AI extract

What is this about?

In this writ petition, the petitioner, a retired assistant teacher, challenged the non-payment of his regular pension. The high court directed the relevant departments to proceed with paying the petitioner's regular pension and complete the process within three months.

What did the court decide?

The respondents are directed to pay the petitioner's regular pension within three months of receipt of the certified copy of the order.

Kanak Chandra Phukan Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2020)

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Page No.# 1/3

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GAHC010142852020

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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)/4655/2020

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KANAK CHANDRA PHUKAN

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S/O- LT. KRISHNA RAM PHUKAN, VILL- BHUTYANPATTY, BURHAPATI GAON, P.O. AND P.S. KAMPUR, DIST.- NAGAON, ASSAM, PIN- 782426

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VERSUS

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THE STATE OF ASSAM AND 6 ORS REP. BY THE COMM. AND SECY., SECONDARY EDUCATION DEPTT., DISPUR, GHY-06

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2:THE COMM. AND SECY. PENSION AND PUBLIC GRIEVANCES DEPTT. DISPUR GHY-06

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3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY-19 4:THE DIRECTOR OF PENSION GOVT. OF ASSAM HOUSEFED COMPLEX DISPUR GHY-06 5:THE INSPECTOR OF SCHOOLS NAGAON PIN- 782421 6:THE INSPECTOR OF SCHOOLS KARBI ANGLONG DISTRICT CIRCLE

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Page No.# 2/3

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DIPHU

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7:HEADMASTER PUB-KAMPUR HIGH SCHOOL NAGAON PIN- 78242

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Advocate for the Petitioner : MR. A DEKA

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Advocate for the Respondent : SC, SEC. EDU.

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 02-12-2020

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Heard Mr. A. Deka, learned counsel for the petitioner. Also heard Mr. S.R. Barua, learned counsel for the respondents No. 2 and 4 and Mr. R. Mazumder, learned counsel for the Secondary Education Department.’

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The petitioner who served as an assistant teacher in the Pub-Kampur High School, Nagaon retired from service upon attaining superannuation on 31.07.2019. Since his retirement, he has been paid the provisional pension under Rule 22 of the Assam Services (Pension) Rules 1969. As regards the final pension, by the communication dated 11.09.2020 of the Inspector of Schools to the Director of Pension, there was a requirment for resubmission of the pension proposal in respect of the petitioner and the original service book and other related documents as well as a reply of any objection that was earlier raised. It is stated that the resubmission of the pension papers was pursuant to the communication dated 03.06.2020 from the Finance and Account Officer in the Directorate of Pension addressed to the Inspector of Schools, Nagaon.

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Mr. S.R. Barua, learned counsel for the respondents also agrees with Mr. A. Deka, learned counsel for the petitioner that this matter can be disposed of by directing the respondents in the Secondary Education Department as well as Pension Department to proceed with the process of paying regular pension of the petitioner and bring the same to its logical end.

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Accordingly, the respondents in the Secondary Education Department as well as the Pension Department are directed to proceed with the process of paying regular pension to the petitioner and bring the same to its logical end.

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If there is any other impediment, the same be worked out between the two departments and if the petitioner is required to do any other act, the same be intimidated to the petitioner. If there is no other impediment, the process be completed within a period of three months from the date of receipt of the certified copy of the order.

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Writ petition stands closed as indicated above.

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JUDGE

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Comparing Assistant

Kanak Chandra Phukan v. the State of Assam and 6 Ors.

Case brief

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Kanak Chandra Phukan v. the State of Assam and 6 Ors.

Case brief

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