Disposed

Ghanashyam Bangshiary v. the State of Assam and 5 Ors.

Gauhati HC17 Dec 2021WP(C)/5260/2021

Case brief

AI extract

What is this about?

Petitioner sought pension arrear and family pension for deceased father and grandmother. Court closed the petition noting a departmental letter issued post-filing requiring document submission, directing expeditious processing within four months.

What did the court decide?

Writ petition disposed of with liberty to approach Court again; directed department to process matter within four months upon receipt of documents.

Ghanashyam Bangshiary Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010107592021

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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)/5260/2021

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GHANASHYAM BANGSHIARY

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S/O. LT. KHAGEN BANGSHIYARI, VILL. DUBAGAON, P.O. GOLAGAON, P.S. SIMLA, DIST. BAKSA, ASSAM, PIN-781330.

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPTT., DISPUR, GUWAHATI-06.

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2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCE DEPTT. DISPUR GUWAHATI-06.

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3:THE COMMISSIONER

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PANCHAYAT AND RURAL DEVELOPMENT DEPTT. PANJABARI JURIPAR GUWAHATI-781037.

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4:THE DIRECTOR OF PENSION

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ASSAM HOUSEFED COMPLEX GUWAHATI-06.

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5:THE CHIEF EXECUTIVE OFFICER BARPETA ZILLA PARISHAD BARPETA

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DIST. BARPETA ASSAM PIN-781301.

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6:THE TREASURY OFFICER BARPETA DIST. BARPETA ASSAM PIN-781301

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Advocate for the Petitioner : MR. K R PATGIRI

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Advocate for the Respondent : SC, PNRD

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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Date : 17-12-2021

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Heard Shri KR Patgiri, learned counsel for the petitioner a well as Shri D Bora, learned State Counsel for the respondent nos. 2 and 4. Also heard Shri A Bhattacharjee, learned counsel appearing on instruction of Shri M Nath, learned Standing Counsel, P&RD Department whereas Shri A Chaliha, learned counsel appears for the respondent no. 6- Finance Department, Assam.

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2. The case of the petitioner is that his father, Late Khagen Bangshiary, who was the Secretary of Gadhuligaon Gaon Panchayat in the district of Barpeta, had retired on attaining the age of superannuation on 31.03.1996. However, he had passed away on 17.09.2015. The petitioner contends that subsequently, his mother had also passed away on 25.07.2016. The petitioner claims that during the lifetime of his father, no pension was disbursed to him and even after his death, no family pension was disbursed to his mother. The present petition has accordingly been filed for a direction to release the arrear pension as well as family pension.

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3. Shri A Bhattacharjee, learned counsel submits that the matter has been sorted out at the end of the Department and in fact, a communication dated 09.12.2021 has been issued

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to the petitioner thereby requiring him to submit pension papers.

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4. Though Shri Patgiri, learned counsel is not aware of the said development, a copy of the letter dated 09.12.2021 has been placed on record and furnished to him.

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5. This Court is of the opinion that in view of such development which has occurred after filing of the case and in reference to the present writ petition, the present case can be closed. Accordingly, it is directed that on submission of the requisite documents from the petitioner in response to the letter dated 09.12.2021, the matter should be processed expeditiously and settle the same within a period of 4 (four) months from the date of receipt of such documents.

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6. Accordingly, this writ petition stands disposed of, however, with liberty to the petitioner to approach this Court again in case of any further grievance.

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7. A copy of the letter dated 09.12.2021 be made a part of the records.

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JUDGE

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Comparing Assistant

Ghanashyam Bangshiary v. the State of Assam and 5 Ors.

Case brief

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Ghanashyam Bangshiary v. the State of Assam and 5 Ors.

Case brief

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