Partly allowed

Miss Parmita Das, v. Sankar Kumar Das and 3 Ors.

Gauhati HC21 Dec 2021I.A.(Civil)/2267/2021

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of an interlocutory application seeking modification of an order restraining pension release. The bench, noting the petitioner's lack of entitlement to family pension, allowed the release of family pension to Respondent No.4 while barring other pensionary benefits to both parties.

What did the court decide?

The order dated 24.08.2021 was modified to allow the release of family pension in favour of Respondent No.4, while prohibiting the release of other pensionary benefits to either party.

Miss Parmita Das, Vs Sankar Kumar Das and 3… — Pension and Retirement Benefits | Gauhati HC (2021)

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Page No.# 1/4

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GAHC010127122021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/2267/2021

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MISS PARMITA DAS

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D/O LATE MUNINDRA CHANDRA DAS @ MUNIN CH. DAS (FATHER) AND LATE LABANYA DAS (MOTHER) RESIDENT OF FAUZDARIPATTY KIRTAN GHAR ROAD PO NAGAON PS NAGAON SADAR DIST NAGAON ASSAM 782001 ASSAM

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VERSUS

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SANKAR KUMAR DAS AND 3 ORS. S/O LATE MUNINDRA CHANDRA DAS @ MUNIN CH. DAS (FATHER) AND LATE LABANYA DAS (MOTHER) R/O FAUZDARIPATTY KIRTAN GHAR ROAD P.O. NAGAON P.S. NAGAON SADAR DIST. NAGAON PIN 782001 ASSAM.

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2:THE STATE OF ASSAM

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REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM DEPTT. OF DIARY DEVELOPMENT DISPUR GUWAHATI 6 3:THE DIRECTOR OF DIARY DEVELOPMENT GOVT. OF ASSAM KHANAPARA

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Page No.# 2/4

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GUWAHATI 22 ASSAM. 4:THE DIARY DEVELOPMENT OFFICER

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OFFICE OF THE DIARY DEVELOPMENT OFFFICER BIROH BEBEJI P.O. SENSUA DIST. NAGAON PIN 782002 ASSAM. -----------Advocate for : MR. N BORAH Advocate for : MR. J KALITA appearing for SANKAR KUMAR DAS AND 3 ORS.

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Link Case: WP(C)/4087/2021

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SANKAR KUMAR DAS

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S/O LATE MUNINDRA CHANDRA DAS @ MUNIN CH. DAS (FATHER) AND LATE LABANYA DAS (MOTHER) RESIDENT OF FAUZDARIPATTY KIRTAN GHAR ROAD, PO NAGAON, PS NAGAON SADAR, DIST NAGAON, ASSAM 782001, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 3 ORS.

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF DAIRY DEVELOPMENT DISPUR GUWAHATI 06

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2:THE DIRECTOR O/O THE DIRECTORATE OF DIARY DEVELOPMENT GOVT. OF ASSAM KHANAPARA GUWAHATI 22 ASSAM

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3:THE DIARY DEVELOPMENT OFFICER

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O/O THE DIARY DEVELOPMENT OFFICER

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BIROH BEBEJIA PO SENSUA DIST NAGAON ASSAM 782002

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Page No.# 3/4

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4:MISS PARMITA DAS

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D/O LATE MUNINDRA CHANDRA DAS @ MUNIN CH. DAS (FATHER) AND LATE LABANYA DAS (MOTHER) RESIDENT OF FAUZDARIPATTY KIRTAN GHAR ROAD PO NAGAON PS NAGAON SADAR DIST NAGAON ASSAM 782001 ASSA

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Advocate for the Petitioner : MR. J KALITA

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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THE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

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order

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21.12.2021

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Heard Mr. J Kalita, learned counsel for the petitioner and Mr. JK Goswami, learned Additional Senior Government Advocate appearing for the respondent Nos. 1,2 and 3. Also heard Mr. N Borah, learned counsel for the respondent No. 4/ applicant.

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The present writ petition has been filed by the writ petitioner apprehending that the compassionate family pension on the death of the mother of the present petitioner and the respondent No. 4 may be released by the State respondent in favour of the respondent No. 4.

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In view of pendency of a case under the Succession Act, this court vide order dated 24.08.2021 passed a direction restraining the respondent Nos. 1,2 and 3 from releasing and disbursing compassionate family pension amount to

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Page No.# 4/4

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any of the legal heirs of Late Munindra Ch. Das until further order of this court. This IA has been filed for modification of the aforesaid order.

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During the course of argument, it is a consensus at the bar that the petitioner in this case as per prevalent law is not entitled for family pension. In that view of the matter, both the contesting counsels submit that if the order dated 24.08.2021 is modified to the effect that there shall not be a bar for respondent Nos. 1 and 2 to release family pension in favour of the respondent No. 4.

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Accordingly, this court modified the order dated 24.08.2021 to the effect that the respondent authority shall be at liberty to release the family pension in favour of the respondent No.4/ appellant pursuant to order dated 05.08.2021 issued by the Joint Secretary to the Government of Assam addressed to the Accountant General (A&E), Assam.

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Further, it is made clear that except the family pension, other pensionary benefits of Late Labanya Das shall not be released to either to the writ petitioner or to the respondent No. 4.

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In view of the aforesaid discussion and reason, this Interlocutory Application is disposed of.

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JUDGE

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Comparing Assistant

Miss Parmita Das, v. Sankar Kumar Das and 3 Ors.

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Miss Parmita Das, v. Sankar Kumar Das and 3 Ors.

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