Disposed

Hajera Begum Mazumder v. the State of Assam and 6 Ors.

Gauhati HC10 Feb 2020WP(C)/495/2020

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought release of arrear salary and retirement benefits for her deceased husband who served as a librarian. The Gauhati High Court directed the respondent authorities to examine the claim and release the admissible amount within three months.

What did the court decide?

Directed respondent authorities to examine the claim of arrear salary and retirement benefits for the petitioner's deceased husband and release the entitled amount within three months.

Hajera Begum Mazumder Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2020)

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GAHC010012982020

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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) 495/2020

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1:HAJERA BEGUM MAZUMDER

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W/O- LATE AMINUL HOQUE MAZUMDER, VILL- GONIRGRAM PART IV, P.OGONIRGRAM, DIST- CACHAR, ASSAM

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VERSUS

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1:THE STATE OF ASSAM AND 6 ORS

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TO BE REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, EDUCATION (SECONDARY) DEPTT, DISPUR, GUWAHATI- 781006

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM FINANCE DEPTT DISPUR GUWAHATI- 781006

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3:THE DIRECTOR OF EDUCATION (SECONDARY) DEPTT KAHILIPARA GUWAHATI- 781019

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4:THE DIRECTOR OF MADRASSA EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019

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5:THE INSPECTOR OF SCHOOLS (CDC) SILCHAR CACHAR P.O- SILCHAR

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DIST- CACHAR ASSAM PIN- 788001

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6:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI- 29

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7:THE SUPERINTENDENT BORKHOLA ANWARUL ULUM SENIOR MADRASSA P.O- BORKHOLA DIST- CACHAR ASSAM PIN- 78811

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Advocate for the Petitioner : MR F A LASKAR

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Advocate for the Respondent : SC, SEC. EDU.

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BEFORE HONOURABLE MR. JUSTICE N. KOTISWAR SINGH

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ORDER

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Date : 10-02-2020

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Heard Mr. S. Banik, learned counsel for the petitioner. Also heard Mr. R. Mazumder, learned Standing Counsel, Education (Secondary) Department; Mr. R. Barpujari, learned Standing Counsel, Finance Department and Ms. B. Borah, learned Standing Counsel, AG.

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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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In this petition, the petitioner is seeking for release of arrear salary for the period of service rendered by her husband w.e.f. 01.01.2013 to 20.02.2013 as well as other service benefits including gratuity as entitled to her husband.

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The petitioner is the wife of one Md. Aminul Haque Mazumder, who was serving as a Librarian in Borkhola Anwarul Ulum Senior Madrassa in the district of Cachar. Her husband’s

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service was provincialised by the State vide order dated 27.12.2013 w.e.f. 01.01.2013. However, the petitioner’s husband died on 20.02.2013 and as such, she will be entitled to the benefit in respect of service rendered by her husband while he was alive.

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Accordingly, the petitioner has claimed for release of arrear salary for the service rendered by her husband during the aforesaid period of provincialisation w.e.f. 01.01.2013 to 20.02.2013. Petitioner has also sought for grant of any other retiral benefits which may be admissible including gratuity etc.

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These relief(s) as claimed by the petitioner, which according to this Court, can be examined by the authorities and if the husband of the petitioner had really rendered service for the aforesaid period w.e.f. 01.01.2013 to 20.02.2013, necessary arrear salary may be released to the petitioner as his service was provincialised. As far as the retiral benefits are concerned, the authorities will look into the matter and release the entitled amount to the petitioner on the basis of the relevant rules in this regard.

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The aforesaid exercise shall be undertaken by the respondent authorities within a period of 3 (three) months from the date of receipt of a certified copy of this order.

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In order to expedite the process, the petitioner may furnish a certified copy of this order along with a copy of the writ petition to the concerned authorities.

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JUDGE

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Comparing Assistant

Hajera Begum Mazumder v. the State of Assam and 6 Ors.

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Hajera Begum Mazumder v. the State of Assam and 6 Ors.

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