Allowed

Renumai Hazarika v. the State of Assam and 5 Ors.

Gauhati HC10 Jun 2022WP(C)/514/2022

Case brief

AI extract

What is this about?

Petitioner, wife of deceased Grade-IV employee, sought provisional DCRG under OM dated 18.06.2018, Clause 5, arguing it applies regardless of family options. Court directed respondent authorities to process her application for interim DCRG with a reasoned order within one month.

What did the court decide?

Director Inspector of Schools North Lakhipur to pass reasoned order within one month on petitioner application for provisional DCRG.

Renumai Hazarika Vs the State of Assam and 5… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010002862022

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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)/514/2022

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RENUMAI HAZARIKA

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W/O. LT. NUMAL HAZARIKA, VILL. MILAN NAGAR, P.O. GHILAMARA, DIST. LAKHIMPUR, ASSAM, PIN-787053.

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VERSUS

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THE STATE OF ASSAM AND 5 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (SECONDARY) DEPTT., DISPUR, GUWAHATI-06.

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2:THE DIRECTOR

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SECONDARY EDUCATION DEPTT. ASSAM KAHILIPARA GUWAHATI-19.

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3:THE DEPUTY DIRECTOR

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SECONDARY EDUCATION DEPTT. ASSAM KAHILIPARA GUWAHATI-19.

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4:THE INSPECTOR OF SCHOOLS

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LAKHIMPUR DISTRICT CIRCLE (LDC) NORTH LAKHIMPUR ASSAM PIN-787001.

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5:THE COMMISSIONER AND SECY.

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TO THE GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCES (PPG) DEPTT. DISPUR GUWAHATI-06.

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6:THE DIRECTOR OF PENSION

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ASSAM HOUSEFED DISPUR GUWAHATI-06

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Advocate for the Petitioner : MD. S ALOM

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Advocate for the Respondent : SC, SEC. EDU.

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 10-06-2022

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Heard Mr. S Alom, learned counsel for the petitioner. Also heard Mr. S M T Chistie, learned counsel for the respondents No.1, 2, 3 and 4 being the authorities under the Secondary Education Department, Government of Assam and Mr. S R Baruah, learned counsel for the respondents No. 5 and 6 being the Pension Department, Government of Assam.

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The husband of the petitioner was working as a Grade-IV employee in the Jamuguri Chariali High School in the Lakhimpur district and was appointed vide order dated 21.12.2006 passed by the respondent no. 2. The husband of the petitioner died on 26.05.2018 when he was still in service. It is stated that on his death the compassionate family pension had been paid. But the petitioner being the wife of the deceased employee claims that as per Office Memorandum dated 18.06.2018, Clause-5 thereof, she is also entitled to a provisional DCRG. Clause 5 of the OM dated 18.06.2018 is extracted as below:

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“As per, Govt. OM No. PPG(P) 165/2014/17, dated 14/01/2016, Provisional DCRG to the State Govt. employees appointed on or after 01/02/2005, shall be paid on getting discharged on invalidation/disability or to the family of such deceased Govt. employees. The DCRG shall be paid irrespective of any option availed by the

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subscriber/family of the subscriber.”

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A reading of Clause 5 makes it discernible that the DCRG shall be paid irrespective of any option being availed by the subscriber/family of the subscriber and further that it shall be paid on getting discharged on invalidation/disability/or to the family of the deceased Government employee.

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In the instant case, the petitioner being the wife of the deceased Government employee has to be construed to be family of the deceased Government employee, therefore, is entitled to a provisional DCRG. As the DCRG has not been paid, the petitioner has submitted an application dated 13.11.2020 before the Inspector of Schools, North Lakhimpur.

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In view of the above, this writ petition stands disposed of directing the Inspector of Schools, North Lakhimpur to pass a reasoned order on the application of the petitioner dated 13.11.2020 for payment of provisional DCRG as payable in terms of Clause-5 of the OM dated 18.06.2018. The reasoned order be passed within a period of one month from the date of receipt of the certified copy of this order.

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Writ petition stands allowed in the above terms.

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We further provide that in the event, the provisional DCRG is paid, the same shall be subject to the petitioner being processed with the final DCRG as may be available under the law.

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Comparing Assistant

Renumai Hazarika v. the State of Assam and 5 Ors.

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Renumai Hazarika v. the State of Assam and 5 Ors.

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