Allowed

Rina Sonowal v. the State of Assam and 7 Ors.

Gauhati HC13 Jun 2022WP(C)/653/2022

Case brief

AI extract

What is this about?

Petitioner, wife of deceased government employee, sought regularization of service gaps to claim pension benefits. Court allowed writ petition, directing authorities to examine records, decide on gap regularization, process family pension from August 2022, and pay rectified dues.

What did the court decide?

Petitioner directed to receive family pension from August 2022; authorities to examine records, decide on gap regularization, and pay rectified financial benefits.

Rina Sonowal Vs the State of Assam and 7 Ors. — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/8

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GAHC010011162022

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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)/653/2022

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RINA SONOWAL

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W/O LATE DR. ANIL KUMAR SONOWAL, VILL-MANCOTTA KACHARIBARI, P.O.-MANCOTTA B.O., P.S.-DIBRUGARH, DIST-DIBRUGARH, ASSAM, PIN786003

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VERSUS

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THE STATE OF ASSAM AND 7 ORS.

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE (A) DEPARTMENT, DISPUR, GUWAHATI-781006

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2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006

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3:THE ACCOUNTANT GENERAL ASSAM MAIDAMGAON BELTOLA GUWAHATI-781029

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4:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI-781036

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5:THE DEPUTY COMMISSIONER LAKHIMPUR NORTH LAKHIMPUR

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ASSAM

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6:THE JOINT DIRECTOR HEALTH SERVICES LAKHIMPUR NORTH LAKHIMPUR ASSAM

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7:THE CHIEF MEDICAL AND HEALTH OFFICER (CD) LAKHIMPUR NORTH LAKHIMPUR ASSAM 8:THE TREASURY OFFICER LAKHIMPUR NORTH LAKHIMPUR ASSA

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Advocate for the Petitioner : MR. S K ROY

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Advocate for the Respondent : SC, HEALTH

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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Date : 13-06-2022

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JUDGMENT & ORDER (ORAL)

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Heard Mr. K Rahman, learned counsel for the petitioner. Also heard Ms. D Bora, learned counsel for the respondent No.1, 4, 6 and 7 being the authorities under the Health and Family Welfare Department, Mr. B Gogoi, learned counsel for the respondents No.2 and 8 being the authorities under the Finance Department, Government of Assam, Mr. A Hasan, learned counsel for the respondent No.3 being the Accountant General, Assam and Mr. CS Hazarika, learned Junior Government Advocate for respondent No.5, being the Deputy

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Commissioner, Lakhimpur.

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The husband of the petitioner Dr. Anil Kumar Sonowal who was the Chief Medical and Health Officer in the Lakhimpur district in the State of Assam died on 24.02.2021. It is stated that his date of birth is 07.11.1958 and the age of retirement from the service which the petitioner was holding is 65 years, and in ordinary course, he would have retired in the month of November, 2023. This writ petition is instituted with the following prayers:

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In the premises aforesaid, it is therefore prayed that Your Lordships would be pleased to admit this writ petition, call for records and issue a Rule calling upon the respondents, to show cause as to why a writ in the nature of Mandamus and/ or any other writ, order of like nature should not be issued directing the Respondent Authorities to consider the Representation dated 11-11-2021 submitted by the Petitioner (vide Annexure-21);

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-And/or-

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To regularize the gap period of service from 01-03-2003 to 05-04-2009 in respect of Late Dr. Anil Kr. Sonowal when he was working as Senior Medical & Health Officer at Rajghar Community Health Centre (CHC), Dibrugarh and also the excess joining time from 27-07-2015 to 30-08-2015 on his promotion as Additional Chief Medical & Health Officer at Dima Hasao and to furnish an order for crossing the Efficiency Bar w.e.f. 0101-1997 so as to enable the Account General, Assam to issue up the date pay in slip in respect of Late Dr. Anil Kumar Sonowal;

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-And-

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As to why a writ in the nature of Mandamus and/ or any other writ, order of like nature should not be issued directing the Respondent Authorities to release the arrear salaries of the Petitioner’s husband Late Dr. Anil Kumar Sonowal on being regularized the aforesaid gap periods of service at the rate of Rs. 14% interest till realization of the outcome amount.

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-And-

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Upon cause or causes being shown if any, and after hearing the parties this Hon’ble Court be pleased to make the Rule absolute and/or pass any other order/orders as Your Lordships may deem fit and proper, in the facts and circumstances of the case.

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A reading of the prayer makes it discernible that there was a gap period in the service of the deceased husband of the petitioner from 01.03.2003 to 05.04.2009 at the stage when he was working as the Senior Medical and Health Officer at Rajgarh Community Health Centre (CHC) Dibrugarh. Some further prayers are made for grant of excess joining time from 27.07.2015 to 30.08.2015 on the promotion being given to the deceased husband of the petitioner as Additional Chief Medical & Health Officer at Dima Hasao and for an order for crossing the Efficiency Bar w.e.f. 01.05.1997 and further for payment of arrear salary of the deceased husband of the petitioner for the aforesaid period with interest @ 14% per annum. All the prayers made appears to be claiming service benefits of the deceased husband of the petitioner by the wife after his death in a situation where the deceased husband during his lifetime had never made any such claim.

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In the absence of any appropriate claim being made by the deceased husband of the petitioner during his lifetime it would be difficult for this Court now to accept such claim on behalf of the wife of the deceased. But at the same time, we have also been told that the petitioner being the wife of the deceased employee had not been paid the pensionery benefits of her deceased husband, although the husband of the petitioner was in a pensionable service. For the purpose of claiming pensionery benefits we are of the view that the petitioner

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would have a legal right to have the gap period of her deceased husband being considered for regularization so that an effective determination of the pension she would be entitled can be made. Accordingly, we mould the prayer of the writ petition by considering it to be a writ petition claiming pensionery benefit in respect of her deceased husband. It is also stated that for the purpose of regularizing the gap period w.e.f. 01.03.2003 to 05.04.2009, a representation dated 11.11.2021 has also been submitted by the petitioner which is annexed as Annexure-21 page 63 to the writ petition. We accordingly also mould the representation filed by the petitioner dated 11.11.2021 before the authorities which is annexed to the writ petition by considering it to be a representation claiming for regularization of the gap period of the services of the petitioner w.e.f. 01.03.2003 to 05.04.2009.

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It is stated that the deceased husband of the petitioner was appointed on 24.04.1984 as a Medical & Health Officer I in the Health and Family Welfare Department of the Government of Assam and accordingly by taking note of the gap period it has to be understood that he served up to 01.03.2003, and, thereafter, from 05.04.2009 he again served as Senior Medical and Health Officer till his death on 24.02.2021, when he was serving as Chief Medical and Health Officer. Admittedly it transpires that the deceased husband of the petitioner was in a pensionable service and a question that would now remain would be whether for the purpose of calculating the qualifying service for pension, the gap period between 01.03.2003 and 05.04.2009 can be taken into consideration. If the said period is taken into consideration, admittedly, the husband of the petitioner had served from 1984 upto 2021 that would approximately be a service of 37 years.

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In the event, the gap period between 01.03.2003 to 05.04.2009 is not regularised, the total service rendered by the deceased husband of the petitioner would be from 1984 to 2003 i.e. about 19 years and from 2009 to 2021 that would be another 12 years, the total thereof would be approximately 31 years. In the circumstance, we direct the respondent No.1 being the Commissioner and Secretary to the Government of Assam in the Health and Family Welfare (A) Department to examine the records of the service particulars of the deceased husband of the petitioner namely Dr. Anil Kumar Sonowal, who died on 24.02.2021 while he was serving as a Chief Medical & Health Officer in the Lakhimpur district. If the service record of the husband of the petitioner requires the period between 01.03.2003 and 05.04.2009 to be regularised, appropriate order may be passed. If otherwise, the Commissioner and Secretary is of the view that the said period is not required to be regularised in the facts and circumstances of the service condition of the petitioner again an appropriate reasoned order be passed.

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From the communication dated 22.07.2009 from the Joint Director of Health Services, Dibrugarh to the Commissioner and Secretary to the Government of Assam in the Health & Family Welfare (A) Department which is available at page 51 to the writ petition, it is discernible that the deceased husband of the petitioner who was a Senior Medical & Health Officer joined at Rajgarh Community Health Centre (CHC) Dibrugarh in excess strength on 08.08.2000 and from the period 08.08.2000 to 28.02.2003 his posting was adjusted against a equivalent post in South Salmara CHC Dhubri for drawal of pay and allowances. Again in paragraph 4 of the said communication indicates

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that for the period 2003-2009, vacancy in the cadre of Senior Medical and Health Officer was not available, but one post of Senior Medical and Health Officer was lying vacant in Naharani PHC and accordingly there was a proposal that the remaining period from 01.03.2003 to 05.04.2009 be accordingly adjusted in respect of the deceased husband of the petitioner. It appears that the gap period from 01.03.2003 to 05.04.2009 had occurred not because of any fault on the part of the deceased husband of the petitioner, but because the respondent authorities sought to post him at a place where no post was available, although there was no illegitimacy of any kind either as regards his service or as regards his promotion or position nor because of any fault on the part of the deceased husband of the petitioner.

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The Commissioner and Secretary shall also take note of the contents of the communication dated 22.07.2009 from the Joint Director Health Services Dibrugarh which is annexed at page 51 to the writ petition. After passing the necessary order, family pension papers in respect of the petitioner be also forthwith processed so as to ensure that the petitioner receives her family pension on and from August, 2022.

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We further provide that if for the aforesaid period from 01.03.2003 to 05.04.2009, the deceased husband of the petitioner was not paid salary and allowances as because he was posted at a place where no post was available, necessary rectifications be also made and the financial benefit that the deceased husband of the petitioner was entitled for the said period be paid accordingly.

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Writ petition accordingly stands allowed in the above terms.

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JUDGE

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Comparing Assistant

Rina Sonowal v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

Rina Sonowal v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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