Dismissed

Md. Ambabu Hussain v. the State of Assam and 4 Ors.

Gauhati HC2 Mar 2022WP(C)/1256/2022

Case brief

AI extract

What is this about?

Petitioner sought compassionate appointment for father's death. Court held earlier schemes replaced by compassionate family pension scheme for deaths on/after 01.04.2017. Petitioner directed to be considered for family pension.

What did the court decide?

Direct respondents to consider petitioner's case for compassionate family pension under notification dated 14.09.2017 within three months.

Md. Ambabu Hussain Vs the State of Assam and… — Pension and Retirement Benefits | Gauhati HC (2022)

¶1

Page No.# 1/3

¶2

GAHC010022632022

¶3

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

¶4

Case No. : WP(C)/1256/2022

¶5

MD. AMBABU HUSSAIN

¶6

S/O LATE UMED ALI, R/O VILL-DHULAGURI PATHAR, P.O.BHANGAMANDIR, P.S.-DHEKIAJULI, DIST-SONITPUR, ASSAM, PIN-784112

¶7

VERSUS

¶8

THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, INLAND WATER TRANSPORT DEPARTMENT, DISPUR, GUWAHATI-6

¶9

2:THE DIRECTOR OF INLAND WATER TRANSPORT DEPARTMENT ASSAM ULUBARI GUWAHATI-781007

¶10

3:THE SUPERINTEND DIRECTORATE INLAND WATER TRANSPORT DEPARTMENT ASSAM ULUBARI GUWAHATI-781007

¶11

4:THE JUNIOR ENGINEER INLAND WATER TRANSPORT DEPARTMENT SINGARI-DHING FERRY SERVICE P.O.-SINGARI DIST-SONITPUR ASSAM

¶12

5:THE DEPUTY COMMISSIONER SONITPUR P.O.-TEZPUR

¶13

Page No.# 2/3

¶14

DIST- SONITPUR ASSAM PIN-78400

¶15

Advocate for the Petitioner : MR. S UPADHAY

¶16

Advocate for the Respondent : SC, IWT

¶17

BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

¶18

ORDER

¶19

Date : 02.03.2022

¶20

Heard Mr. S. Upadhay, learned counsel appears for the petitioner. Also heard Ms. M. D. Bora, learned counsel appears for the respondent nos. 1 to 4 and Mr. K. K. Bhattacharya, learned counsel appears for the respondent no. 5.

¶21

The petitioner’s prayer is for a direction to be issued to the respondents, to consider him for compassionate appointment due to the death of his father on 13.04.2020, who was working as a Regularised Muster Roll Employee.

¶22

Ms. M. D. Bora, learned counsel for the respondent nos. 1 to 4 submits that vide notification dated 14.09.2017 issued by the Finance Department, Govt. of Assam, the schemes for compassionate appointment have been replaced by the scheme for compassionate family pension. Thus, the prayer of the petitioner for compassionate appointment in terms of the earlier Office Memorandum dated 09.09.1983, 02.03.2009 and 01.06.2015 cannot be made applicable to the facts of this case.

¶23

The petitioner’s counsel at this stage submits that the petitioner’s case may be considered in terms of the compassionate family pension schemes as provided in the notification dated 14.09.2017.

¶24

I have heard the learned counsels for the parties.

¶25

The earlier Office Memorandum dated 09.09.1983, 02.03.2009 and 01.06.2015, which provided for compassionate appointment of family members of Govt. servants who died in harness has now been replaced by compassionate family pension scheme in terms of the notification dated 14.09.2017 issued by the Finance Department, Govt. of Assam.

¶26

Page No.# 3/3

¶27

Clause 5.1.1 of the notification dated 14.09.2017 states that the scheme for compassionate family pension will be applicable to those family members of the employees who died/died in harness on or after 01.04.2017.

¶28

As the petitioner’s father died in harness on 13.04.2020, the petitioner’s case should be considered by the respondent authorities in terms of the notification date 14.09.2017. Accordingly, the respondents are directed to consider the petitioner’s case for compassionate family pension in terms of the notification dated 14.09.2017, if he is eligible to receive the same.

¶29

The respondent authorities should take a decision with regard to the above, within a period of three months from the date of receipt of a certified copy of this order. Accordingly, the writ petition stands disposed of.

¶30

JUDGE

¶31

Comparing Assistant

Md. Ambabu Hussain v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Md. Ambabu Hussain 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

Parties & counsel

Coram

Case details

Similar cases

Md. Haidar Ali @ Haidar Ali (UBC/199) and 6 Ors. Vs the State of Assam and 9 Ors.

Billal Hussain Vs the State of Assam and 3 Ors.

Jubin Das Vs the State of Assam and 4 Ors.

Himani Basumatary Vs the State of Assam and 4 Ors.

Debojit Dutta Vs the State of Assam and 5 Ors.

Pradip Ch. Kalita Vs the State of Assam and 2 Ors.