Disposed

Tarifan Nessa v. the State of Assam and 5 Ors.

Gauhati HC9 Aug 2022WP(C)/3270/2022

Case brief

AI extract

What is this about?

In a writ petition seeking a quarter share of deceased son's service benefits, the Gauhati High Court disposed of the matter by directing the petitioner to approach the Treasury Officer with all family members to claim the amounts. The Court noted that GPF and leave encashment were already disbursed and gratuity would be paid in equal shares per the Assam Services (Pension) Rules, 1969.

What did the court decide?

Petitioner directed to approach the Treasury Officer accompanied by the wife and daughters to submit required documents for disbursement of the remaining benefit share.

Tarifan Nessa Vs the State of Assam and 5 Ors. — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010094422022

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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)/3270/2022

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TARIFAN NESSA

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W/O- LATE KAZI ABDUR RAHMAN, MOTHER OF LATE KAZI MOINUL HOQUE, R/O- VILL.- PALHAZI, P.O. PALHAZI, DIST. BARPETA, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, HIGHER EDUCATION DEPARTMENT, DISPUR, GUWAHATI-06.

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2:THE ACCOUNTANT GENERAL ASSAM MAIDAMGAON BELTOLA GUWAHATI-781029. 3:THE SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006. 4:THE DIRECTOR OF HIGHER EDUCATION DEPARTMENT ASSAM KAHILIPARA GUWAHATI-781019. 5:THE TREASURY OFFICER BARPETA P.O. AND DIST. BARPETA ASSAM

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6:JOYNAB AHMED

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W/O- LATE KAZI MOINUL HOQUE R/O- VILL.- PALHAZI P.O. PALHAZI DIST. BARPETA ASSAM PIN- 781309

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Advocate for the Petitioner : MR. S ISLAM

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Advocate for the Respondent : SC, HIGHER EDU

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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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Date : 09.08.2022

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Heard Mr. S. Islam, learned counsel for the petitioner. Also heard Mr. S. Bhuiyan, learned standing counsel, Higher Education for respondent Nos. 1 and 4. Mr. A. Hasan, learned standing counsel, Accountant General for respondent No.2 and Mr. A. Chaliha, learned standing counsel, Finance Department for respondent Nos. 3 and 5.

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The petitioner is the mother of Late Kazi Moinul Hoque who died-inharness while working as Associate Professor of Education Department at Barpeta Girl’s College in the District of Barpeta, Assam. Thereafter, the Office of the Deputy Commissioner, Barpeta District issued the Next of Kin Certificate wherein, the name of the petitioner appears at Sl. No.4 and the wife of late Kazi Moinul Hoque appears at Sl. No.1 and his 2(two) daughters at Sl. Nos. 2 and 3.

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It is the case of the petitioner that after the death of her son late Kazi Moinul Hoque, the respondent No.6 who is the wife of late Kazi Moinul Hoque left her matrimonial house and started to live separately. Further case of the petitioner is that the respondent No.6 is also the Head Mistress of 1688 No.

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Palhazi Gobrapara L.P. School. By the present writ petition, the petitioner is praying for a direction to the respondents to disburse of ¼ share of Gratuity, GIS, GPF, Leave Encashment and other service benefits of her deceased son late Kazi Moinul Hoque in her favor.

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On 22.07.2022, this Court had directed Mr. A. Chaliha, learned standing counsel, Finance Department to receive instructions in the matter.

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Today when the matter is called, Mr. A. Chaliha, learned standing counsel, Finance Department, on instructions, submits that an amount of Rs.5,02178/(Rupees Five Lakhs Two Thousand One Hundred and Seventy Eight Only) against GPF and an amount of Rs.7,29,690/-(Rupees Seven Lakhs Twenty Nine Thousand Six Hundred and Ninety Only) towards Leave Encashment were already disbursed to the respondent No.6. Further, he submits that with regard to the disbursement of the gratuity amount, the letter of the Senior Accounts Officer, Office of the Accountant General (A&E) Assam, dated 10.03.2022 addressed to the Treasury Officer, Barpeta, clearly specifies that the said gratuity amount would be disbursed in equal share as indicated at column No.4 of the said letter.

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Mr. A. Hasan, learned standing counsel, while endorsing the submissions made by Mr. A. Chaliha, learned standing counsel, Finance Department further draws the attention of this Court to the Rule No.135 (2) (ii) of the Assam Services (Pension) Rules, 1969 which provides that if there is no such surviving members of the family as at (i) but there one or more surviving widow daughters and one or more surviving members of the family, the gratuity may be paid to all such members in equal shares. He therefore, submits in terms of the aforesaid Rule, the Senior Accounts Officer had written a letter to the Treasury Officer for payment/gratuity amount in equal shares in respect of the

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petitioner, wife and 2(two) daughters of Late Kazi Moinul Hoque.

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Recording the submissions made by the learned standing counsel, Finance Department as well as the Accountant General (A&E), Assam, this writ petition is disposed of directing the petitioner to approach the Treasury Officer and submit all the required necessary documents required by the Treasury Officer, Barpeta. Thereafter, the Treasury Officer, Barpeta shall take appropriate steps in accordance with law. Let such exercise be completed on or before 1(one) month from the date the petitioner approaches the Treasury Officer, Barpeta. Petitioner shall also make an endeavor to approach the Treasury Officer, Barpeta, along with the wife and 2(two) daughters of late Kazi Moinul Hoque.

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With the above observations and directions, this writ petition is disposed of.

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JUDGE

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Comparing Assistant

Tarifan Nessa v. the State of Assam and 5 Ors.

Case brief

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Tarifan Nessa v. the State of Assam and 5 Ors.

Case brief

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