Disposed

Anima Rajbanshi v. the State of Assam and 5 Ors.

Gauhati HC7 Feb 2020WP(C)/782/2020

Case brief

AI extract

What is this about?

A writ petition concerning the stalled pensionary benefits of a retired Assistant Teacher. The petitioners argued that her graduate qualification was previously verified and disputed. The court directed authorities to verify her status and direct the respondent to release benefits on the graduate pay scale if verified.

What did the court decide?

The Directorate of Pension directed to release pensionary benefits on the graduate pay scale upon verification of petitioner's qualification.

Anima Rajbanshi Vs the State of Assam and 5… — Pension and Retirement Benefits | Gauhati HC (2020)

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GAHC010016852020

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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) 782/2020

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1:ANIMA RAJBANSHI

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W/O. SRI JOGESH CH. RAJBANSHI, R/O. GARIGAON, P.O. GARIGAON, P.S. JALUKBARI, DIST. KAMRUP (M), ASSAM.

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VERSUS

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1:THE STATE OF ASSAM AND 5 ORS.

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REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (SECONDARY) DEPTT., DISPUR, GUWAHATI-06, DIST. KAMRUP, ASSAM.

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2:THE SECRETARY TO THE GOVT. OF ASSAM FINANCE (BUDGET) DEPTT. DISPUR GUWAHATI-06.

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3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19.

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4:THE INSPECTOR OF SCHOOLS KAMRUP DISTRICT CIRCLE (KDC) DIST. KAMRUP ASSAM.

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5:THE FINANCE AND ACCOUNTS OFFICER DIRECTORATE OF PENSION ASSAM HOUSEFED COMPLEX

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DISPUR GHY.-06.

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6:THE TREASURY OFFICER KAMRUP GUWAHATI-01

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Advocate for the Petitioner : MR. D K SARMAH

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Advocate for the Respondent : SC, SEC. EDU.

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BEFORE

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HON’BLE MR.JUSTICE N. KOTISWAR SINGH order

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07-02-2020

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Heard Mr. D.K. Sarmah, learned counsel for the petitioner. Also heard Ms. P. Chakraborty, learned Standing Counsel, Secondary Education Department, Mr. B. Deuri, learned Government Advocate, Assam and Mr. R. Bopujari, learned Standing Counsel, Finance Department.

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The matter pertains to finalization of the pensionary benefits of the petitioner which has been stalled because of certain doubts about the education qualification of the petitioner as to whether she is a graduate or not. The petitioner was initially appointed as an Assistant Teacher in Gotanagar Nambari M.E. School on 01.02.1981. The said School was subsequently provincialised in the year 1985. The service of the petitioner was also provincialised along with School. Thereafter, the said school was amalgamated with Gotanagar Nambari H.S. School vide order dated 15.03.2000. On amalgamation she was appointed in the said High School as a graduate teacher and was granted the graduate scale of pay by notification with effect from 15.03.2000 vide order dated 23.03.2001 and after reaching the age of

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superannuation, she retired from service on 31.12.2016. However, the Finance and Accounts Officer, Director of Pension, Assam, had raised an objection regarding the education qualification of the petitioner as to whether she was a graduate or not and also stating that she had been given the graduate scale of pay wrongly. Learned counsel for the petitioner submits that the fact that the petitioner is a graduate cannot be disputed as the same has already been verified by the authorities at the time of provincialisation of the petitioner’s service as well as amalgamation of the schools and therefore, it may not be appropriate to raise any objection regarding her graduate pay scale, which was granted as far back in the year 2001.

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Accordingly, the respondent-authorities may make necessary verification as to whether the petitioner is a graduate or not and if it is found that the petitioner is a graduate and she had been correctly granted the graduate pay scale with effect from 15.03.2000 vide order dated 23.03.2001, there should not be any problem with the release of her pensionary benefits under the graduate pay scale and accordingly, release the same. This exercise of verification shall be undertaken by the respondent-authorities within a period of 4 (four) weeks from the date of receipt of a certified copy of this order. The respondent no.5 will take the primary role in consultation with other official-respondents. Accordingly, the respondent no.5 shall release her pensionary benefits on the correct pay scale, which she is entitled.

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With the above observations and directions, the present petition stands disposed of.

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JUDGE

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Comparing Assistant

Anima Rajbanshi v. the State of Assam and 5 Ors.

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Anima Rajbanshi v. the State of Assam and 5 Ors.

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