Retired police officer sought writ directing release of withheld pension. Court held that closed domestic family court case did not justify withholding pension, allowing immediate release.
Respondents directed to release monthly pension and pensionary benefits within four months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010091712020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2743/2020
IMRAN HUSSAIN KHANDAKAR
S/O- LATE HABIBAR RAHMAN KHANDAKAR, R/O- VILL- NAGAAON (NEAR MOSQUE)P.O AND P.S- BAIHATA CHARIALI, DIST- KAMRUP (RURAL), ASSAM, PIN- 781381
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, HOME AND POLITICAL DEPTT, HAVING HIS OFFICE AT ASSAM SECRETARIAT, DISPUR, GUWAHATI, DIST- KAMRUP(M), ASSAM, PIN781006
2:THE DIRECTOR GENERAL OF POLICE ASSAM HAVING HIS OFFICE AT ASSAM POLICE HQ ULUBARI GUWAHATI DIST- KAMRUP(M) ASSAM PIN- 781007 3:THE ADDL DGP (M AND L) ASSAM HAVING ITS OFFICE AT ASSAM POLICE HQ ULUBARI GUWAHATI DIST- KAMRUP(M) ASSAM PIN- 781007 4:THE ADDL DGP (ADMN)
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ASSAM HAVING HIS OFFICE AT ASSAM POLICE HQ ULUBARI GUWAHATI DIST- KAMRUP(M) ASSAM PIN- 781007 5:THE COMMANDANT 22ND ASSAM POLICE (IR) BATALLION HAVING HIS OFFICE AT LIKABALI DHEMAJI DIST- DHEMAJI ASSAM PIN- 784149 6:THE ACCOUNTANT GENERAL (A AND E) ASSAM HAVING ITS OFFICE AT MAIDAMGAON BELTOLA GUWAHATI DIST- KAMRUP(M) ASSAM PIN- 78102
Advocate for the Petitioner : MR G Z AHMED
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR JUSTICE SONGKHUPCHUNG SERTO
ORDER
03.03.2021
Heard Mr. G.Z. Ahmed, learned counsel appearing for the petitioner. Also heard Mr. S.S. Roy, learned State Counsel appearing for all the respondents.
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he was verbally informed that his pension and pensionary benefits cannot be released due to a complaint letter submitted by his first wife, who he had already divorced earlier.
Being aggrieved, the petitioner is before this Court praying for issuance of an appropriate writ or order/ direction, directing the respondents to release his monthly pension and other benefits as per his entitlements under the relevant Acts and Rules at the earliest.
It is further submitted by the learned counsel appearing for the petitioner that his first wife is not entitled to get anything from his monthly pension and his pensionary benefits as per the relevant rules, therefore, appropriate direction may be issued against the State respondents to release his monthly pension and pensionary benefits at the earliest.
“Dated: 13th Feb,2019
To,
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The Addl. Director General of Police (Admn),
Assam, Guwahati.
Subject: With held of payment of Pension, Gratuity and other Pensionary benefit to Shri Imran Hussain Khandakar, APS.
Respected Sir,
I have the honour to state that my husband Shri Imran Hussain Khandakar, APS has not provided any financial assistance/support to me for maintaining my family since 2011 and in the meantime he married another lady in May, 2015. In this regard, I have already approached to the Honourable Principal Judge, Family Court Kamrup and appeal for justice. A case bearing No. FC(Criminal) No.152/2016 has been registered in the Family Court which is yet to be finalized.
In view of the above, I request your honour kindly to withheld all the due payable to my husband till a final verdict has been passed by the Court in my favour.
Copy of the FC(Criminal) No.152/2016, DV Case No…….2016, Marriage Agreement Deed and Assam Police HQ memo no.FA/XXII/1656/04/87 dt. 26/8/2016 are enclosed for perusal and necessary action please.
Thanking you Sir,
Yours faithfully,
Sd./ Saira Sultana
(W/o Shri Imran Hussain Khandakar)
H.No. 47, F.A. Ahmed Nagar, Guwahati-22
Enclo:- (As above)
M. No.E/11-Pen/19/4175265
Dt. 13/02/2019”
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Learned counsel referred to the order passed by the Principal Judge, which is annexed at Annexure-9 to the writ petition. The order referred to reads as follows:
“Petitioner is absent. It appears that petitioner remained absent in the instant case since 28.11.2016, hence, keeping in view the repeated absence of the petitioner, (sic.) case kept filed.”
The learned counsel further submitted that it has been four years since the case was filed but no application has been filed for revival of the same.
In view of the above, this Court is of the view that the petitioner has made out a case, therefore the respondents should proceed and release the monthly pension and pensionary benefits of the petitioner at the earliest but not later than 4(four) months from the date of receipt of a certified copy of this order.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether respondents are required to release monthly pension and pensionary benefits despite a petition to withhold payment based on a closed family court case.
Whether the release of government pension is contingent upon the outcome of a private maintenance dispute.
2 provisions across 2 enactments
IMRAN HUSSAIN KHANDAKAR
THE STATE OF ASSAM
THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
THE DIRECTOR GENERAL OF POLICE ASSAM
THE ADDL DGP (M AND L) ASSAM
THE COMMANDANT 22ND ASSAM POLICE (IR) BATALLION
SONGHKUPCHUNG SERTO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
