Petitioner challenged non-payment of pension upfront requesting set aside earlier closure. Court held earlier order directing payment was not complied with, reiterated directions to comply, and closed the current petition.
Earlier directions to verify excess payment and pay pension at correct scale reiterated; writ petition closed.
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GAHC010018042021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/691/2021
HEMADA CHETIA W/O DAHIRAM GOGOI
VILLAGE BHULUKA GURI GAON, PO AND PS DHAKUAKHANA, DIST LAKHIMPUR, ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY (EDUCATION ) DEPARTMENT, DISPUR GUWAHATI 6
2:THE DIRECTOR OF PENSION HOUSEFED COMPLEX GHY 29
3:THE ACCOUNTANT GENERAL ASSAM MAIDAMGAON BELTOLA GHY 29
4:DIRECTOR OF ELEMENTARY EDUCATION OFFICER KAHILIPARA GHY 19
5:DEPUTY INSPECTOR OF SCHOOL DHAKUAKHANA PO AND PS DHAKUAKHANA DIST LAKHIMPU
Advocate for the Petitioner : MR MINTU SAIKIA
Advocate for the Respondent : GA, ASSAM
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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
O R D E R
15.03.2021
Heard Mr. M Saikia, learned counsel for the petitioner, Mr. PN Sarma, learned counsel for the Elementary Education Department of the Government of Assam, Mr. R Ahmed, learned counsel for the Accountant General, A&E, Assam and Mr. B Deori, learned counsel for the Pension Department of the Government of Assam.
The petitioner had instituted WP(C) No.5628/2020 with a grievance that he is not being paid the pensionery benefits even after retirement and further there is an order for recovery of some excess payment of salary made to him during his service tenure. In the circumstance, the order dated 22.12.2020 in WP(C) No.5628/2020 was passed requiring the respondents in the Elementary Department as well as the Pension Department as well as the Accountant General, Assam to verify as to whether the excess payment was made due to any fault of the petitioner and if it was found that it was not because of any fault of the petitioner, the same be not recovered. It was further directed that after undertaking the aforesaid exercise, the pensionery benefit be paid at the correct scale of pay that he was entitled in his service tenure. This writ petition is filed with the grievance that the pensionery benefits had not been paid to the petitioner.
We are of the view that as there is already a direction for payment of pensionery benefit as per the correct scale of pay, no further writ is maintainable. If the earlier order was not complied with, the remedy for the petitioner would be elsewhere, but not in the form of a repeated writ petition. However, the earlier directions are reiterated and the respondents are directed to comply with it.
With the above, the writ petition stands closed.
Comparing Assistant
1 issue framed by the court
Whether a fresh writ petition maintainable for non-payment of pension after an earlier order directed verification and payment at correct scale.
Hemada Chetia W/o Dahiram Gogoi
The State of Assam
The Commissioner and Secretary (Education) Department, Dispur Guwahati
The Director of Pension Housefed Complex Ghay
The Accountant General Assam Maidamgaon Beltola Ghay
Director of Elementary Education Officer Kahilipara Ghay
Achintya Malla Bujor Barua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
