Disposed

Ranjita Das (Borgohain), v. the State of Assam and 9 Ors.

Gauhati HC9 Sept 2022WP(C)/1024/2022

Case brief

AI extract

What is this about?

Petitioner was a post-death claimant for family pension of her father who died over a decade ago. State cited procedural delays caused by discrepancies in service records but did not dispute entitlement. Court directed State to finalize arrear pension immediately.

What did the court decide?

Directed respondents to finalize arrear family pension for the period 02.03.1990 to 17.12.2006; to pay security-delay interest as per Rule 197A(2) of Assam Services (Pension) Rules; and to issue a spe

Ranjita Das (Borgohain), Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010023512022

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THE GAUHATI HIGH COURT

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(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/1024/2022

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RANJITA DAS (BORGOHAIN), D/O- LATE MOHESWAR DAS, W/OANIRUDHA BORGOHAIN, VILL.- TELIJAN, P.O. HATIGARH, P..S AND DIST. DHEMAJI-787057.

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VERSUS

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THE STATE OF ASSAM AND 9 ORS.

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REP. BY THE CHIEF SECRETARY, GOVT. OF ASSAM, BLOCK-C, 3RD FLOOR, JANATA BHAWAN, DISPUR, GUWAHATI-781006, KAMRUP(M), ASSAM

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2:THE STATE OF ASSAM

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REP. BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM COOPERATION DEPARTMENT DISPUR GUWAHATI-781006.

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3:THE REGISTRAR OF COOPERATIVE SOCIETIES ASSAM GUWAHATI KHANAPARA-781022.

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4:THE DISTRICT DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES LAKHIMPUR NORTH LAKHIMPUR.

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5:THE ZONAL JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES TEZPUR ZONE TEZPUR ASSAM

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6:THE STATE OF ASSAM

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REP. BY ITS COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT BLOCK-D 2ND FLOOR JANATA BHAWAN (CIVIL) DISPUR GUWAHATI-781006.

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7:THE ACCOUNTANT GENERAL ASSAM

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OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL ( A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI-781029.

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8:THE TREASURY OFFICER LAKHIMPUR TREASURY LAKHIMPUR.

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9:THE DIRECTOR DIRECTORATE OF PENSION OFFICE OF THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI-781006.

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10:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006

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Advocate for the Petitioner : MR H GUPTA Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE NANI TAGIA

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ORDER

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Date : 09.09.2022

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Heard Mr. H. Gupta, learned counsel, appearing on behalf of the petitioner.

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Also heard Mr. G. Bordoloi, learned standing counsel, Cooperation Department, Government of Assam; Mr. A. Chakraborty, learned Government Advocate; and Ms. Y. K. Swu, learned standing counsel, Accountant General, Assam; appearing on behalf of their respective respondents.

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The writ petitioner who is the daughter of Late Moheswar Das who died on 02.03.1990 while working as an UDA in the Office of the District Deputy Registrar of Cooperative Societies, Government of Assam, Lakhimpur, after having rendered more than 25 years, 9 months and 1 day; has filed this writ petition praying for payment of the arrear family pension that she would now be entitled to for the services rendered by her late father Moheswar Das as her mother Late Subornalata Das who was the first wife of late Moheswar Das, and in whose name, the family pension was processed, also, in the meanwhile, had expired on 17.12.2006.

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The State Respondents in the counter affidavit filed by the respondent No. 4, while not denying the above factual position, has stated in paragraph No. 5, thereof; as under:

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“ 5. …………………... It is pertinent to mentioned herein that vide Letter No. Pen-6/G/FP/K49588/COOP/2006/6/997, dated 19/12/2006, the Accountant General, Assam, Guwahati informed District Deputy Registrar of Cooperative Societies, Lakhimpur, that pension paper has been forwarded after a long gap of 16 years and date of death of the incumbent as per death certificate is 02/03/1990 but as per service record it is 02/03/1989. Therefore, pension papers were returned seeking clarification in this regard. Moreover, vide letter No. Pen- 6/G/FP/K-

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49588/COOP/2006/6/203, dated 27/02/2007 of the Accountant General, Assam, Guwahati informed District Deputy Registrar of Cooperative Societies, Lakhimpur that pension paper of Late Maheswar Das which was submitted in the name of his First Wife Subornalata Das had already expired. Therefore it was requested to send Family Pension papers of the deceased Government servant for L.T.A. family pension and minor pension(if any) in favour of the minor son/daughter(if any) along with legal guardianship certificate. It was also mentioned in the letter to give details of the family members name and also requested to submit death certificate of the First wife, family members list including minor son/daughter, legal guardianship certificate in case of minor family pension, Specimen Signature, descriptive Rule, Photographs of the legal guardian duly attested in minor pension etc. and family pension papers along with service book were returned for re-submission. Furthermore, it was also mentioned that as per Hindu Marriage Act, the 2^nd wife is illegal and as such 2^nd wife is not entitled for family pension.”

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From perusal of the stand taken by the State Respondents in the counter affidavit filed by the respondent No. 4, as highlighted hereinabove; it is noticed that the entitlement of the arrear family pension by the petitioner has not been disputed by the respondent authorities and the reason for not finalizing the family pension, in time, has been explained in the counter affidavit as highlighted hereinabove, to be on account of various queries, made by the Department concerned.

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Under the circumstances, since the entitlement of the arrear family pension by the petitioner has not been disputed by the respondent authorities, as highlighted hereinabove, in paragraph No. 5 of the counter affidavit filed by the respondent No. 4; this writ petition is hereby disposed of with a direction to the respondent authorities to finalize the arrear family pension of the petitioner’s father Late Moheswar Das, for the period w.e.f. 02.03.1990 till 17.12.2006, in accordance with law, as expeditiously as possible, in any case, not later than 2(two) months from the date of receipt of a certified copy of the order passed by the Court today in this writ petition.

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While finalizing the arrear family pension of Late Moheswar Das; the respondent authorities shall also take into consideration, the provision of Rule 197A(2) of the Assam Services(Pension) Rules, 1969, which pertains to payment of interest on delayed payment of pension and gratuity.

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Since the petitioner has prayed for payment of interest on delayed payment of pension under Rule 197-A(2) of the Assam Services(Pension) Rules, 1969; the respondent authorities shall pass a speaking order as to the entitlement/nonentitlement of Late Moheswar Das, father of the petitioner, with regard to the payment of interest on delayed payment of pension as stipulated under Rule 197A(2) of the Assam Services(Pension) Rules, 1969.

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The writ petition stands disposed of, in terms above.

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JUDGE

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Comparing Assistant

Ranjita Das (Borgohain), v. the State of Assam and 9 Ors.

Case brief

What is this about?

What did the court decide?

Ranjita Das (Borgohain), v. the State of Assam and 9 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

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