Petitioner, spouse of a deceased Ayurvedic Physician, filed a writ petition for release of compassionate family pension not in dispute. Court directed release within two months after respondent submitted pension papers.
Respondent No. 5 directed to release compassionate family pension within two months from receipt of copy of order.
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.
Page No.# 1/3
GAHC010209142021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6792/2021
KAMINI KACHARI
W/O LATE DR. NILCHARAN KACHARI, RESIDENT OF TILAPARA, PS DHUBDHARA, 783130, DIST GOALPARA, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONE R AND SECRETARY TO THE GOVT. FO ASSAM, HEALTH AND FAMIL WELFARE (B) DEPARTMENT, SACHIVALAYA. DISPUR, GUWAHATI 781006
2:THE DIRECTOR OF PENSION
HOUSEFED COMPLEX
LAST GATE, DISPUR GUWAHATI 06
3:THE FINANCE AND ACCOUNT OFFICER DIRECTORATE OF PENSION HOUSEFED COMPLEX, DISPUR GUWAHATI 06
5:ACCOUNTANT GENERAL MAIDAMGAON, BELTOLA GUWAHATI 787029, ASSAM
6:THE DIRECTOR OF AYUSH BASISTHA ROAD, BANPHOOL NAGAR PATH HOUSE NO. 1 (NEAR HOUSEFED), DISPUR GUWAHATI- 6, ASSAM
Page No.# 2/3
Advocate for the Petitioner : MR S BORTHAKUR
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 28.4.2022
Heard Mr H. P. Nepal, learned counsel for the petitioner. Also heard Ms. D. Bora, learned Standing Counsel, Health & Family Welfare department and Mr. R. Dhar learned counsel for respondent No. 5.
Husband of the petitioner was serving as an Ayurvedic Physician since 1.12.1992 under the establishment of Joint Director of Health Services, Dhemaji . The employee died on 18.6.2017 after completion of 24 years 6 months and 17 days of service. The petitioner claims that in view of the fact that her husband died in harness, she is entitled for Compassionate Family Pension. However, such pension not being paid after preferring representations and persuasion of the petitioner, the present writ petition was filed.
During the course of hearing Ms. D.Bora , learned Standing Counsel, Health & Family Welfare Department produced a communication dated 18.2.2022 bearing No. HLA 903/2013/739 dated 18. 2. 2022, issued under the signature of Deputy Secretary to the Govt. of Assam, Health & Family Welfare (A) Department, Dispur, addressed to respondent No. 5 i.e. the Accountant General (A&E), Assam, whereby the pension papers relating to the compassionate family pension of the petitioner was forwarded with further
Page No.# 3/3
request to respondent No.5 to take action at an early date.
Mr.Dhar, learned counsel representing respondent No.5 in his usual fairness submits that in view of such submission of pension papers, he will instruct his client to do the needful at the earliest. He further submits that if the pension papers are in order, the respondent no 5 can do the needful within a period of two months. In that view of the matter and for the reason that the entitlement of Compassionate Family Pension of the petitioner is not disputed by the respondents ,this court is of the considered opinion that this writ petition can be disposed of directing the respondent No. 5 to do the needful for release of Compassionate Family Pension to the petitioner within a period of two months from the date of receipt of a copy of this order.
The petitioner is directed to furnish a copy of this order before the respondent No. 5 within a period of two weeks. Ms. D. Bora learned Standing Counsel, Health & Family Welfare department and Mr. R. Dhar learned counsel for respondent No 5 are also requested to communicate this order to their respective clients as early as possible. Copy of this order be furnished to Ms. Bora and Mr.Dhar within a period of five days. Copy of communication dated 18.2.2022 bearing No. HLA 903/2013/739 is kept on record and marked as document ‘X’.
In the aforesaid terms this writ petition is disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the respondent is directed to release compassionate family pension to the petitioner of a deceased Ayurvedic Physician.
Kamini Kachari
The State of Assam
Arun Dev Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
