Partly allowed

Prema Kanta Gogoi v. the State of Assam and 6 Ors.

Gauhati HC3 Dec 2021WP(C)/3285/2020

Case brief

AI extract

What is this about?

The petitioner, a retired police constable, alleged wrong fixation of pay depriving him of correct pension. The directed the Respondent Director General of Police to consider the representation, review the Service Book, renew the amount within two months and complete release within one month. The writ petition was disposed of with these directions.

What did the court decide?

Petitioner's representation dated 13.01.2020 to be considered within two months, requiring Service Book examination; exercise for release of amount completed within one month.

Prema Kanta Gogoi Vs the State of Assam and… — Pension and Retirement Benefits | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010110842020

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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)/3285/2020

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PREMA KANTA GOGOI

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S/O SHRI GHANA KANTA GOGOI, VILLAGE BARUAGAON, PO KACHUPATHAR, VIA KAMARGAON, DIST GOLAGHAT, ASSAM, 785619

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VERSUS

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THE STATE OF ASSAM AND 6 ORS.

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF HOME DISPUR, GUWAHATI 781006

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2:THE DIRECTOR GENERAL OF POLICE ULUBARI GUWAHATI 781007 KAMRUP M ASSAM

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3:THE INSPECTOR GENERAL OF POLICE

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ULUBARI GUWAHATI 781007 KAMRUP M ASSAM

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4:THE DEPUTY INSPECTOR GENERAL OF POLICE ULUBARI GUWAHATI 781007 KAMRUP M ASSAM

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5:THE ASSISTANT INSPECTOR GENERAL OF POLICE ULUBARI GUWAHATI 781007 KAMRUP M ASSAM

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6:THE PRINCIPAL

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POLICE TRAINING CENTRE DERGAON GOLAGHAT ASSAM 785614

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7:THE COMMANDANT 7TH APBN CHARAIKHOLA KOKRAJHAR ASSA

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Advocate for the Petitioner : MR. P K DEKA

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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03.12.2021

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Heard Mr. P.K. Deka, learned counsel for the petitioner, who submits that the petitioner was appointed as a Police Constable on 02.08.1980 and was removed from service vide order darted 29.04.2016. The removal order was set aside vide order dated 13.12.2018 passed by this Court in WP(C) 6153/2017. The petitioner thereafter retired from service on 30.04.2018.

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The petitioner’s grievance in this writ petition is that there has been a wrong fixation of pay of the petitioner, due to which the petitioner has been deprived of his correct pension and other pensionary benefits.

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The petitioner’s counsel submits that the petitioner in this regard has submitted a representation dated 13.01.2020 to the respondent no.2. However, the same has not been considered till date by the respondent no.2. He accordingly prays that a direction may be issued to the respondent no.2 to consider the petitioner’s representation and dispose of the same within a specific time frame.

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Mr. J.K. Goswami, learned counsel for all the respondents submits that he does not have any objection to the prayer made by the petitioner’s counsel.

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On considering the issue raised by the petitioner’s counsel and keeping in view the submission made by the respondents’ counsel, the respondent no.2 is directed to consider

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the petitioner’s representation dated 13.01.2020 and dispose of the same within a period of 2 (two) months from the date of receipt of a certified copy of this order. The respondent no.2 may also require the Service Book of the petitioner while disposing of the petitioner’s representation. The exercise to be conducted by the respondents for release of the said amount shall be completed within a period of 1 (one) month.

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The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Prema Kanta Gogoi v. the State of Assam and 6 Ors.

Case brief

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Prema Kanta Gogoi v. the State of Assam and 6 Ors.

Case brief

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Parties & counsel

Coram

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