Disposed

Md. Gias Uddin Mazumder v. the State of Assam and 5 Ors.

Gauhati HC8 Dec 2021WP(C)/2210/2021

Case brief

AI extract

What is this about?

Petitioner sought directions for clearing pension and gratuity payments withheld due to audit liabilities. Court directed authorities to finalize pension proposal within three months of receiving the re-audit report ordered in a related proceeding.

What did the court decide?

Respondents to prepare pension proposal within 3 months of re-audit report receipt and finalize within 3 months thereafter.

Md. Gias Uddin Mazumder Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2021)

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GAHC010056952021

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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)/2210/2021

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MD. GIAS UDDIN MAZUMDER

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LATE AMIR ALI MAZUMDER, B.SC.(HONS), B.ED., MA, RETIRED ASSISTANT TEACHER, HAILAKANDI TOWN HIGH MADRASSA, R/O VILLRANGAUTI PART-I, P.O.-RANGAUTI, DIST-HAILAKANDI, ASSAM, PIN788155

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VERSUS

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THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPARTMENT, ASSAM (CIVIL) SECRETARIAT, DISPUR, GUWAHATI-788006

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2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 ASSAM 3:THE INSPECTOR OF SCHOOLS HAILAKANDI HDC DIST-HAILAKANDI ASSAM PIN-788151

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4:THE IN-CHARGE SUPERINTENDENT HAILAKANDI TOWN HIGH MADRASSA P.O P.S. AND DIST-HAILAKANDI ASSAM PIN-788155

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5:THE DEPUTY COMMISSIONER HAILAKANDI DIST-HAILAKANDI ASSAM PIN-788151

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6:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI ASSAM PIN-78100

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Advocate for the Petitioner : MR. A K DUTTA

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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Date : 08-12-2021

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Heard Mr. B. Purkayastha, learned counsel for the petitioner as well as Mr. P. Saikia, learned Government Advocate for the respondent nos.5 and 6 and Mr. S.M.T. Chistie, learned Secondary Education Department for respondent nos.1, 2 and 3 and Mr. K.R. Patgiri, learned counsel for the respondent no.4.

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By filing this writ petition under Article 226 of the Constitution of India, the petitioner is seeking a direction upon the respondent authorities to clear up the payment of GPF, GIS, gratuity, leave salary, commutation of pension, arrear pension in respect of the petitioner w.e.f. 01.02.2020. The petitioner also seeks a direction from the respondent authorities to pay a sum of

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Rs.1,48,538/- toward cost purportedly incurred by the petitioner. In this regard the learned counsel for the petitioner places reliance on the enquiry report dated 21.02.2019 (Annexure-6). The petitioner has projected in this writ petition that he had superannuated as Assistant Teacher of Hailakandi Town High Madrassa on 31.01.2020. It is claimed that during the period from 2012-2013 to 2016-2017 he was holding the post of Incharge Superintendent of the said school.

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It is projected that at earlier point of time a writ petition was filed before the Court, being WP(C) 6566/2018, wherein a direction was issued by the Court on 24.09.2018 to the Deputy Commissioner, Hailakandi (respondent no.5) to comply in terms of letter dated 19.03.2018 issued by the Joint Secretary to the Government of Assam, Department of Secondary Education, Assam. The said order was not complied with resulting in filing of Cont. Cas(C)433/2019. In the meanwhile, an inquiry was conducted by the Finance and Accounts Officer in the establishment of the respondent no.5 and it is claimed that as per the enquiry report dated 21.02.2019, the petitioner was found entitled to sum of Rs.1,48,538/-, purportedly against expenditures incurred by the petitioner for construction of the school building and accordingly the contempt petition was closed by order dated 08.01.2020.

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There were allegation against the petitioner for financial irregularities and the petitioner claims that owing to the earlier round of litigations the erstwhile Superintendent who had estranged relationship with the petitioner and that he had once again taken over the charge of Incharge Superintendent of the said school w.e.f. 14.03.2017. It is projected that during the tenure of the said

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subsequent incumbent, certain documents were not produced before the audit, which resulted in a qualified audit report against the petitioner.

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Ventilating his grievance against the qualified audit report, the petitioner approached this Court by filing WP(C) 2284/2021 and this Court by order dated 06.12.2021 issued a direction to the following effect:

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In view of the fact that the inter-departmental communication dated 06.03.2020 which was marked to the petitioner discloses the necessity of re-audit, without any adjudication of the matter, the Court is of the considered opinion that the respondent no.8 would carry out the re-audit of the funds of Hailakandi Town High Madrasa for the period between 01.04.2012 and 31.03.2017 within a period of 3(three) months from the date of receipt of a certified copy of the order.

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Per contra, the learned Government Advocate has produced a copy of the written instruction dated 17.08.2021 from the respondent no.3 in connection with this writ petition. It would be relevant to reproduce the said four points mentioned in the said report herein below:

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(1) The Provisional monthly pension as entitle as per rule has already been sanctioned and released to the petitioner & now he has been getting monthly pension regularly.

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(2) Whereas the DCRG (gratuity) has not yet been released due to pendency of audit liabilities regarding of the different school fund.

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(3) The petitioner is well known about his self Govt. audit liabilities towards school fund and asked him to settle the matter as early.

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(4) The pension proposal for finalization of pension of the petitioner is still pending for nonsubmission of the non-liabilities report from the audit and the school as well.

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The said report is retained as a part of the record.

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It is submitted that although the petitioner is getting provisional pension, but without finalization of the audit liabilities, the final pension proposal could not be prepared and sent. The learned Standing counsel for the Secondary Education Department also reiterates the same.

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The Court takes note of the circumstances under which this writ petition has been filed with the prayers as indicated above. In view of the fact that the order dated 06.12.2021 in WP(C) 2284/2021 had issued a direction to the concerned authorities to conduct a re-audit, the Court is of the considered opinion that the interest of justice would be served by issuing a direction upon the concerned respondent authorities to prepare and submit the pension proposal of the petitioner immediately after the receipt of the re-audit report.

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Accordingly, it is provided that on receipt of re-audit report, the competent authority of the Secondary Education Department shall send a pension proposal in respect of the petitioner to the concerned authority and the same shall be finalized within a period of 3(three) months thereafter. In case there is any requirement of compliance by the petitioner, the authorities shall inform the petitioner in writing for compliance and such communication can be made through e-mail address to be provided by the petitioner.

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The petitioner shall produce a certified copy of this order before the respondent no.2.

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With the above observations and directions, the writ petition stands

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disposed of.

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JUDGE

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Comparing Assistant

Md. Gias Uddin Mazumder v. the State of Assam and 5 Ors.

Case brief

What is this about?

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Md. Gias Uddin Mazumder v. the State of Assam and 5 Ors.

Case brief

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What did the court decide?

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