In this writ petition regarding pension, the Gauhati High Court held that while criminal proceedings against the petitioner remain pending, the respondents must continue paying provisional pension but need not pay final pension until the infirmity is noticed.
Respondents to continue paying provisional pension to the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010011072022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/589/2022
GAKUL CHANDRA SARMA
S/O LATE DHARANIDHAR SARMA, R/O KUSUMPUR, P.O.-HINGULEE, P.S.KAMALPUR, DIST- KAMRUP(R), ASSAM
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE (REFORMS) DEPARTMENT, DISPUR, GUWAHATI-6
2:THE DIRECTOR LAND RECORDS AND SURVEYS ETC. ASSAM RUPNAGAR GUWAHATI-32
3:THE SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-
Advocate for the Petitioner : MR H K BARUAH
Advocate for the Respondent : SC, REVENUE
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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 09-11-2022
Heard Mr. D Bhuyan, learned counsel for the petitioner. Also heard Mr. S Dutta, learned counsel for the respondents in the Revenue (Reforms) Department of the Government of Assam as well as Mr. B Gogoi, learned counsel for the respondents in the Finance Department of the Government of Assam.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether provisional pension must continue while criminal proceedings are pending against a deceased employee's dependent.
Gakul Chandra Sarma
The State of Assam
Director Land Records and Surveys Etc Assam
Secretary to the Government of Assam Finance Department
Achintya Malla Bujor Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
