Allowed

Sab Tera Bibi v. the State of Assam

Gauhati HC2 Mar 2021WP(C)/411/2018

Case brief

AI extract

What is this about?

This writ petition, filed by a widow whose son died in service, sought a direction to release her family pension and benefits. The High Court held the petitioner entitled to pension under relevant Rules and directed the Director of Pension to process the claim within three months.

What did the court decide?

Respondent No.5 directed to process family pension and benefits as recommended by the Department and complete within 3 months.

Sab Tera Bibi Vs the State of Assam — Pension and Retirement Benefits | Gauhati HC (2021)

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Page No.# 1/6

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GAHC010010922018

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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)/411/2018

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SAB TERA BIBI

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M/O- LT CHIRAG ALI, R/O- VILL- MIRADIGIRPAR, P.O. NILAMBAZAR, P.S. KARIMGANJ, DIST- KARIMGANJ, ASSAM

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VERSUS

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THE STATE OF ASSAM

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THROUGH THE SECRETARY, TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT, DISPUR, GHY-6

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2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPTT. JURIPAR PANJABARI GHY-37

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3:THE JOINT DIRECTOR OFFICER OF THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPTT. JURIPAR PANJABARI GHY-37

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4:THE CHIEF EXECUTIVE OFFICER KARIMGANJ ZILLA PARISHAD P.O. AND DIST- KARIMGANJ ASSAM PIN-788710 5:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX

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LAST GATE DISPUR GHY-6 6:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GHY-28 7:THE TREASURY OFFICER KARIMGANJ TREASURY P.O. AND DIST- KARIMGANJ ASSAM PIN-78871

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Advocate for the Petitioner : MR. J U N M LASKAR

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR JUSTICE SONGKHUPCHUNG SERTO

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ORDER

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02.03.2021

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Heard Mr. J.U.N.M. Laskar, learned counsel appearing for the petitioner. Also heard Mr. A. Roy, learned counsel appearing for the respondent Nos.1 to 4 as well as Mr. N. Goswami, learned counsel appearing for the respondent No.5 and Mr. R. Borpujari, learned counsel appearing for the respondent No.7.

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This is a writ petition filed by a widow, whose only son who was working as a Peon in the Singaria Gaon Panchayat, died while in service on 10.09.1994, praying for issuance of an appropriate writ or order/ direction, directing the respondents to release her family pension and other benefits as per her entitlements under the relevant Acts and Rules.

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The brief facts of this case are as follows: the petitioner’s son was appointed as a Peon in the Office of the Singaria Gaon Panchayat under Karimganj district on 10.09.1984 against a substantive post. After having served about 10 years and 05 months, he died in harness on 08.10.1994. Thereafter, the petitioner submitted an application for release of her monthly

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family pension and other entitlements as per the provisions of the relevant Acts and Rules. On 08.05.2014, the Chief Executive Officer, Karimganj Zilla Parishad forwarded the application of the petitioner along with all the required documents including the service book of the deceased son to the Joint Director, Office of the Commissioner, Panchayat and Rural Development Department, Assam. To that letter a document, where the entitlements of the petitioner was shown was annexed (Annexure-4 to the writ petition). The contains of the document are as follows:

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“Proposed Calculation sheet of Pension and Gratuity/ Provisional Pension/ Family Pension in respect of Late Cherag Ali , Expired Peon, singaria G.P. under Karimganj Zilla Parisahd, Karimganj.

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Date of Birth : 01-02-1957

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Date of Appointment : 01-04-1984

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Date of Retirement :

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Date of Death : 08-10-1994

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Gross Service : 10 Years 5 Months 29 Days

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Deduct non qualifying service :

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Net Qualifying Service : 10 Years 5 Months 29 Days

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Now, 10 Years 5 Months 29 Days services are converted to Six monthly unit i.e. 20 unit Six monthly

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A) Fixation of Family Pension

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1. Last pay Rs.1085.00*30% = Rs.326.00 of Basic Pay

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Half of the Last pay Rs. 1085.00/2= 543.00

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1. Subject to a maximum of twice the pension admissible under Rule 141 : Rs.652.00

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Proposed Family Pension for a period of 7(seven) years or upto the date of 65 years whichever is earlier : Rs.652.00

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Proposed family pension for the rest period till death or remarriage : Rs.326.00( Minimum)

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B) Calculation of DCRG/Gratuity

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Last pay Rs.1085.00+(DA 67%) Rs.727.00*20 Unit =Rs. 9060.00

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Again,

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Last Pay Rs.1085.00+(DA 67%) Rs.727.00 = Rs.1812*12

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=Rs.21744.00

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DCRG will be Rs.21744.00

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As per rule 135(3) Assam Service Pension Rules event of death of an officer while in service gratuity will be subject to minimum of 12 times of the emoluments of the officer at the time of his death.

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Chief Executive Officer,

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Karimganj Zilla Parisahd,

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Karimganj”

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Thereafter, on 31.10.2017, the Directorate of Pension, Assam trough a letter requested the Treasury Officer, Karimganj to release a sum of Rs. 13,020/- only to the petitioner under the Death cum Retirement Gratuity (in short, DCRG). The amount sanctioned under the DCRG, not being inconformity with the one recommended by the Chief Executive Officer, Karimganj Zilla Parishad the petitioner did not accept it, instead came before this Court by filing this writ petition praying as stated above.

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Mr. J.U.N.M. Laskar, learned counsel appearing for the petitioner submitted that as per Section 4 of the Assam Panchayat Employees (Provincialisation) Rules, 1999, every employee going on superannuation is entitled to pension and gratuity in accordance with the pension Rules applicable to the Government servant of equivalent rank and, as per Rule 142 of the Assam Services (Pension) Rules, 1969 if any Government servant, who have rendered minimum of 7(seven) years continuous service dies while in service, the family of such Government servant may be granted family pension at the rate and conditions mentioned therein. Therefore, the petitioner whose son was a regular Government employee and died in harness after having served for more than 10 years is entitled to family pension. Hence, the respondents may be directed to process her family pension and other entitlements and release the same at the earliest, since she is a widow and there is no one to look after her.

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Mr. A. Roy, learned counsel appearing for the respondent Nos.1 to 4 fairly submits that the petitioner is entitled to family pension and other pensionary benefits as per the relevant Acts and Rules, therefore, the same was workout and forwarded to the Directorate of pension, Assam. It is now, for the Directorate of Pension to do the needful at the earliest.

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Mr. R. Borpujari, learned counsel appearing for the respondent No.7 also submits that the Treasury Officer’s duty is only to release the amount sanctioned by the Department concerned, therefore till he receive such sanctioned order, he has no role to play.

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Mr. N. Goswami, learned counsel appearing for the Directorate of Pension, respondent No.5 prays for some time to seek instruction so as to know the stage of the process, but since this is a long pending matter related to pension and pensionary benefits, I am not inclined to grant further time for seeking instructions.

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Section 4 of the Assam Panchayat Employees (Provincialisation) Rules, 1999 and Rule 142 of the Assam Services (Pension) Rules, 1969, which are also referred to by the learned counsel appearing for the petitioner, are reproduced hereinbelow:

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“4. Superannuation and Pension etc. :-

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(1) Notwithstanding anything contained in the proceeding section, all employees other than Grade-IV employees, coming within the purview of this Act, shall, on attaining the age of 58 years, go on superannuation and the Grade-IV employees shall go on superannuation on attaining the age of 60 years.

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(2) All employees going on superannuation under the proceeding sub-section shall be eligible to pension or gratuity or both in accordance with the pension rules applicable to the Government servants of equivalent rank. And

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Rule 142 of the Assam Services (Pension) Rules, 1969 - Notwithstanding the provisions in rules 140 and 141 above, if a Government servant after rendering minimum of 7(seven) year’s continuous service dies while in service, the family of such Government servant may be granted a pension at the rates and conditions mentioned below-

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(i) For a period of 7(seven) years from the date of following the date of death or till the date on which the officer would have reached the normal age of superannuation had he remained alive, whichever period is shorter, the pension payable under this Section will be at 50(fifty) percent of the basic pay last drawn, subject to a maximum of twice the pension admissible under rule 141 above.

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(ii) The pension payable thereafter will be at the rate laid down in rule 141 above.

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(iii) The provisions of this rule will not be applicable if the Government servant had put in less than 7(seven) year’s continuous service prior to his death.

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(iv) The other provisions in this section will continue to operate.

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(v) This rule will have effect from 1^st January 1967.”

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Further, Clause 5 (b) (ii) of the Rule 137 of the Assam Services (Pension) Rules, 1969 is also relevant and it is also reproduced hereinbelow:

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“(ii) failing the father, to the mother;”

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On perusal of the above provisions of law and on consideration of the submissions of the learned counsels of the parties, there is no doubt that the petitioner is entitled to family pension since, her son was in Government service and served for more than 10 years before he died, in the absence of her husband and immediate family (wife or children) of the deceased.

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Therefore, keeping in view the submissions made by the learned counsels appearing for the respondents, the respondent No.5 is directed herewith to process the family pension and pensionary benefits of the petitioner as recommended by the concerned Department and complete it within a period of 3(three) months, so that the petitioner does not suffer any longer.

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With the above direction, this writ petition is disposed of.

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JUDGE

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Comparing Assistant

Sab Tera Bibi v. the State of Assam

Case brief

What is this about?

What did the court decide?

Sab Tera Bibi v. the State of Assam

Case brief

What is this about?

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