Allowed

Idrish Ali v. the State of Assam and 6 Ors.

Gauhati HC3 Mar 2022WP(C)/1044/2021

Case brief

AI extract

What is this about?

This High Court directed the respondents to disburse the petitioner's sanctioned provisional retirement gratuity immediately. The court also ordered the regularization of monthly pension after submission of nominee papers, holding that pending maintenance proceedings against the petitioner cannot be a reason to deny pension benefits.

What did the court decide?

Directing respondents to disburse provisional gratuity of Rs. 6,95,000/- immediately, and to sanction regular monthly pension within one month of submission of nominee papers.

Idrish Ali Vs the State of Assam and 6 Ors. — Public Procurement and Tenders | Gauhati HC (2022)

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GAHC010026442021

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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)/1044/2021

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IDRISH ALI S/O LATE NUR MAAMMAD, R/O VILL. AND P.O. KUMAR GAON, P.S. RUPAHIHAT, DSIT. NAGAON, PIN 782125, ASSAM.

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VERSUS

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THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, HOME (B) DEPTT., DISPUR, GUWAHATI 6

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2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM

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FINANCE (B) DEPTT. DISPUR GUWAHATI 6

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3:THE DIRECTOR OF PENSION AND PUBLIC GRIEVANCES GOVT. OF ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI 6

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4:ACCOUNTANT GENERAL (A AND E) ASSAM MOIDAMGAON BELTOLA GUWAHATI 21

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5:THE ADDITIONAL DIRECTOR GENERAL OF POLICE (COMMUNICATION) ASSAM ULUBARI GUWAHATI 781007

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6:THE DIRECTOR OF POLICE (COMMUNICATION) ASSAM ULUBARI GUWAHATI 781007

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7:THE TREASURY OFFICER

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NAGAON DIST. NAGAON ASSAM. PIN 782001 8:RUMESHA KHATUN D/O- MD. ABUL HUSSAIN R/O VILL.- GUNABARI P.O.- RUPAHI P.S.- RUPAHIHAT DIST.- NAGAON ASSAM PIN- 782125

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Advocate for the Petitioner : MR S K SARKAR

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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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Date : 03.03.2022

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Heard Mr. S. K. Sarkar, learned counsel for the petitioner, Mr. S. S. Roy, learned counsel for the respondent nos. 1, 3, 5 & 6, Mr. R. Borpujari, learned counsel for the respondent nos. 2 & 7 and Mr. A. Hasan, learned counsel for the respondent no. 4.

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The petitioner is praying for issuance of a direction to the respondents to pay the petitioner Death-cum-retirement gratuity (DCRG) and his regular monthly pension.

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The petitioner’s case is that he retired on 29.02.2016, while working as a SubInspector in the Assam Police Radio Operator (APRO). The petitioner’s counsel submits that the petitioner was not being given his DCRG and regular monthly pension due to the

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maintenance case filed by his first wife Mrs. Rumesha Khatun. He submits that the petitioner has subsequently divorced his first wife. However, the petitioner is paying maintenance at the rate of Rs. 2000/- per month to his first wife Mrs. Rumesha Khatun, in terms of the Order dated 08.11.2018 passed by the Court of the Judicial Magistrate 1^st Class, Nagaon in Misc Case No. 06/2016.

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Mr. S. S. Roy, learned counsel for the respondent nos. 1, 3, 5 & 6 submits that his has received para-wise comments and that as per the para-wise comments, provisional DCRG of Rs. 7,00,000/- has been sanctioned to the petitioner, out of which an amount of Rs. 5,000/- is being withheld to be adjusted, if any outstanding dues is found against the petitioner. He accordingly submits that the net amount of DCRG payable to the petitioner is Rs. 6,95,000/-. He also submits that provisional superannuation pension has been sanctioned on 20.04.2017. However, in view of a case being filed by his fist wife, the proposal for payment of regular monthly pension to the petitioner could not be finalised.

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I have heard the learned counsels for the parties.

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The instructions given to Mr. S. S. Roy, the learned Junior Govt. Advocate by the Superintendant of Police (Commn), Assam, vide letter no. RLC/18/2021/149 dated 26.03.2021 has also annexed Order No. RG(V)(15)/2016/537/4001-08 dated 18.03.2021 which states as follows:

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“ In pursuant to the Govt of Assam OM No. FMP/SC/9/76/5 dt. 29.04.1976 and No. FMP.62/85/50 dt. 24.10.1985 and Govt. OM No. PPG(P)/7/2012/8 dtd. 21.06.2021 and No. PPG(P)140/2017/10 dtd. 12.07.2017 respectively, the Provisional D.C. R Gratuity @ Rs.7,00,000 (Rupees Seven Lakh) is hereby sanctioned to MD. Idrish Ali, Retd. SL(Opr) of APRO (Retired on 29.02.2016 P.M.) out of which an amount of Rs. 5,000 (Rupees Five Thousand) only is hereby withheld to meet the adjustment if any outstanding dues is found against the incumbent in due course. The net payable amount of Rs. 6,95,000.00(Rupees Six Lakh Ninety Five Thousand) only is debitable to the head of Account “2071” Pension and other Retirement benefit (01) of Civil-104 Superannuation and Retirement allowance . His GPF A/C No. 63768.

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It is to mention that the Provisional Superannuation Pension has been sanctioned earlier vide No. RG/V(15)/2016/537/219-26 dated 20.04.2017. However, as the Pension case of

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MD. Idrish Ali, Rtd. SI/(Opr) of APRO is considered to be a disputed one and MR cases against him filled by his 1^st wife is still running in the Court, the Pension case could not be forwarded for finalization. ”

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A perusal of the para-wise comments/instructions given to Mr. S. S. Roy, vide the above letter dated 26.03.2021 shows that though the petitioner has been drawing his provisional pension, the regular monthly pension has not been finalised, due to the petitioner not submitting the nominee papers asked for by the respondents, vide office letter no. RPN/48 (PEN)/PT-III/2014-2019/42 dated 03.08.2019. Also the finalisation of the petitioner’s regular monthly pension has apparently been kept pending due to the case filed by the petitioner’s first wife, who he has allegedly divorced.

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In the view of the reasons stated above, the petitioner is directed to submit his nominee papers to the respondent no. 5, so that the regular monthly pension payable to the petitioner can be finalised. Further, this Court is of the view that the filing of a case by the petitioner’s first wife against the petitioner cannot be a ground for the State respondents to deny payment of regular monthly pension to the petitioner. As such, respondents will have to sanction the payment of regular monthly pension to the petitioner once the nominee papers have been submitted by the petitioner.

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As the provisional DCRG of Rs. 6,95,000/- is already sanctioned and payable to the petitioner, the said amount shall be disbursed to the petitioner within a period of one month from the date of receipt of a certified copy of this order. Further if there are no dues payable by the petitioner, the balance Rs. 5,000/- will also be disbursed to him.

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The State respondents shall also complete the process for payment of regular monthly pension to the petitioner within a period of one month from the date of submitting the nominee papers by the petitioner, which shall be accompanied by a certified copy of this order.

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The letter dated 26.03.2021 issued by the Superintendant of Police (Commn), Assam along with the para-wise comments/instructions and order dated 18.03.2021 are made a part of the record and marked as ‘X’ collectively.

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The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Idrish Ali v. the State of Assam and 6 Ors.

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Idrish Ali v. the State of Assam and 6 Ors.

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