Petitioner sought family pension for her deceased husband. Court directed respondents to accept required documents and process the proposal within stipulated timelines.
Liberty to file representation and required documents; respondents to process family pension proposal within one month of receipt.
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GAHC010002702021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/179/2021
PRABHA BALA RABHA
W/O- LT. HARESWAR RABHA, R/O- VILL- RAKHYASINI GAROPARA PART-II, P.O. RAKHYASINI, P.S. MORNOI, DIST.- GOALPARA, ASSAM, PIN- 783101
VERSUS
THE STATE OF ASSAM AND 6 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, SOIL CONSERVATION DEPTT., DISPUR, GHY-6
2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPTT. DISPUR GHY-6
3:THE DIRECTOR OF SOIL CONSERVATION DEPTT. R.G.BARUAH ROAD GHY-05
4:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GHY-29
5:THE DIVISIONAL OFFICER SOUTH BANK SOIL CONSERVATION DIVISION
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GHY-05
6:THE RANGE OFFICER GOALPARA SOIL CONSERVATION RANGE GOALPARA DIST.- GOALPARA ASSAM PIN- 783121
7:THE TREASURY OFFICER GOALPARA TREASURY DIST.- GOALPARA ASSAM PIN- 78312
Advocate for the Petitioner : MR. K R PATGIRI
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 13-12-2021
Heard Ms. P Chakraborty, learned counsel for the petitioner. Also heard Mrs. RS Deuri, learned counsel appearing for the respondent Nos. 1, 3, 5 and 6. Mr. JK Goswami, learned counsel appears for the respondent No. 2, Mr. RK Talukdar, learned counsel appears for the respondent No. 4 and Mr. B Gogoi, learned counsel appears for the respondent No. 7.
Ms. P Chakaborty, learned counsel for the petitioner submits that the petitioner’s husband was engaged as a Muster Roll worker on 01.08.1985 in the office of the respondent No. 6. The petitioner’s husband’s service was regularised w.e.f. 22.07.2005. The petitioner’s husband, however, expired on
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30.12.2006. After the demise of the petitioner’s husband, the petitioner approached the respondent for grant of family pension. However, the respondent No. 5 as a Public Information Officer, wrote a letter dated 15.10.2020 to the counsel for the petitioner, stating that due to the sudden death of the petitioner’s husband his service book could not be opened. Further, the family members did not make any correspondence for grant of family pension.
Mrs. RD Deuri, learned counsel appearing for respondent Nos. 1, 3, 5 and 6 submits that to open the service book of the petitioner’s husband and to process the papers for grant of family pension to the petitioner, the petitioner was requested to file a representation, with all necessary documents required for granting family pension, including the next of kin certificate, death certificate, etc. However, the same has not been done till date.
I have heard the learned counsels for the parties.
In view of the submissions made by the counsel for the respondent Nos. 1, 3, 5 & 6, which is also reflected in para 5 of the affidavit-in-opposition filed by the respondent No. 1, the petitioner is given the liberty to file a representation alongwith all the required documents sought for by the respondent No. 1. The petitioner shall accordingly submit the next of kin certificate, death certificate of her husband, certificate stating that she has not remarried and other required documents. The same should be submitted to the respondent No. 6. The respondent No. 6 shall thereafter process the family pension proposal of the petitioner within a period of one month from the date of receipt of the petitioner’s representation and documents. He shall submit the same to the respondent No. 3. Thereafter, the respondent No. 3 shall forward the same to the respondent No. 4 within a period of one week and the respondent No. 4
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shall finalise the family pension proposal of the petitioner within a further period of one month.
The writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner is entitled to family pension for her deceased husband engaged with the State of Assam.
Whether the respondents have failed to process the family pension proposal due to lack of necessary documents from the petitioner.
Prabha Bala Rabha
The State of Assam and Ors
Michael Zothankhuma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
