Disposed

Taijuddin Ahmed v. the State of Assam and 4 Ors.

Gauhati HC9 Dec 2021WP(C)/5649/2018

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition concerning the Assam Pension Scheme for Journalists, granting liberty to the petitioner to submit a fresh representation for retirement benefits based on the consent of the parties.

What did the court decide?

Liberty granted to file fresh representation for retirement benefits; respondent to consider application if documents submitted.

Taijuddin Ahmed Vs the State of Assam and 4… — Pension and Retirement Benefits | Gauhati HC (2021)

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GAHC010181412018

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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)/5649/2018

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TAIJUDDIN AHMED S/O LT. SAMBAR ALI R/O NALBARI TOWN, WARD NO. 8, BARMA ROAD, PO. AND DIST. NALBARI, ASSAM- 781335.

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VERSUS

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THE STATE OF ASSAM AND 4 ORS.

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF INFORMATION AND PUBLIC RELATIONS, DISPUR, GUWAHATI-06.

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2:THE DIRECTOR

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INFORMATION AND PUBLIC RELATIONS ASSAM DISPUR GUWAHATI -6.

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3:THE SELECTION COMMITTEE

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ASSAM PENSION SCHEME FOR JOURNALISTS FOR THE YEAR 2018-19 DISPUR GUWAHATI-6.

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4:SRI UPEN CHANDRA DEKA R/O. VILL. MORIERAGAON WARD NO. 6 DIST. MORIGAON ASSAM PIN-782105.

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5:SRI PARTHA PRATIM BARUAH R/O. HOUSE NO. 7 FARM GATE BAKRAPARA KHANAPARA DIST. KAMRUP (M) ASSAM PIN-781022

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Advocate for the Petitioner : MR R DHAR

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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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09.12.2021

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Heard Mr. S. Nath, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned counsel for the respondent nos.1, 2 & 3 and Mr. S. Purkayastha, learned counsel for the respondent no.4.

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The petitioner’s case is that he is a Journalist by profession and he is aggrieved by the selection procedure adopted by the respondents for grant of retirement benefits under the Assam Pension Scheme for Journalists (hereinafter referred to as “the said Scheme”). The petitioner’s counsel submits that for awarding retirement benefits to Journalists in terms of the said Scheme issued vide Notification dated 08.08.2017 by the Government of Assam, Information & Public Relations Department, a person must be a domicile of Assam and must have served as a Journalist in Assam for more than 20 years.

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The petitioner’s counsel submits that the petitioner has all the eligibility criteria for being awarded retirement benefits under the said Scheme. However, the petitioner was not selected for grant of retirement benefits even though he submitted his application in

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pursuance to the said Scheme. The petitioner’s counsel submits that the present writ petition can be disposed of, if a direction is issued to the respondent no.3 to consider the claim of the petitioner to be awarded the retirement benefits under the said Scheme.

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The counsels for the respondents submit that they have got no objection with the prayer made by the petitioner’s counsel.

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In view of the consent of the counsels for the parties, the petitioner is granted the liberty to file a fresh representation to the respondent no.2 for grant of retirement benefits under the said Scheme. The respondent no.2 shall thereafter place the petitioner’s representation before the respondent 3 for its consideration, in its next meeting, provided that all the required documents of eligibility is submitted by the petitioner to the respondent no.2. If the petitioner has not submitted the required documents, the respondent no.2 shall give a list of the documents required from the petitioner in writing and permit him to submit the same.

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The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Taijuddin Ahmed v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Taijuddin Ahmed v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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