Disposed

Bijuli Das v. the Union of India and 10 Ors.

Gauhati HC3 Nov 2022WP(C)/6817/2022

Case brief

AI extract

What is this about?

The petitioner's father deprived of retirement benefits of deceased father, the rep. 14.02.2022 by respondent no. 5 after hearing all relatives including the sister of the deceased died 08 01 2022 the representation was decided within three months.

What did the court decide?

Direction to the respondent no. 5 to decide the petitioner's representation dated 14.02.2022 after hearing all concerned; to conclude the exercise within three months.

Bijuli Das Vs the Union of India and 10 Ors. — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010215102022

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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)/6817/2022

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BIJULI DAS

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D/O LT. GANESH KHATANIAR, R/O H.NO- 85, PATARKUCHI, BASISTHA, KAMRUP METRO, ASSAM- 781029.

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VERSUS

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THE UNION OF INDIA AND 10 ORS.

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REP. BY THE SECY. MINISTRY OF FOOD AND CIVIL SUPPLIES, NEW DELHI110001.

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2:THE GENERAL MANAGER FOOD CORPORATION OF INDIA 16-10 BARAKHAMBA LANE LANE FIRE BRIGADE LANE BARAKHAMBA NEW DELHI- 110001.

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3:THE GENERAL MANAGER FOOD CORPORATION OF INDIA REGIONAL OFFICE RAJENDRA BHAWAN 49 DHARAMDAS SHASTRI MARG RAJENDRA PLACE NEW DELHI- 110008.

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4:THE GENERAL MANAGER FOOD CORPORATION OF INDIA 7 G.S ROAD ULUBARI GUWAHATI

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Page No.# 2/4

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ASSAM- 781007.

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5:THE GENERAL MANAGER FOOD CORPORATION OF INDIA REGIONAL OFFICE JANATA HOTEL BUILDING GS ROAD PALTAN BAZAR GUWAHATI ASSAM- 781008.

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6:THE ASSISTANT MANAGER (PERSONAL) FOOD CORPORATION OF INDIA REGIONAL OFFICE JANATA HOTEL BUILDING G.S. ROAD PALTAN BAZAR GUWAHATI ASSAM PIN- 781008.

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7:THE DIVISIONAL MANAGER FOOD CORPORATION OF INDIA MITRA BUILDING ASHRAM ROAD ULUBARI GUWAHATI ASSAM- 781007.

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8:THE EXECUTIVE DIRECTOR ZONAL OFFICE FOOD CORPORATAION OF INDIA G.L.PUBLICATION BUILDING LACHIT NAGAR GUWAHATI ASSAM PIN- 781007.

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9:BHAGYA DEVI

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W/O LT. GANESH KHATANIAR

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R/O H.NO- 85 PATARKUCHI BASISTHA KAMRUP METRO ASSAM- 781029.

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10:NAVEEN KHATANIAR S/O LT. GANESH KHATANIAR

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Page No.# 3/4

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R/O H.NO- 85 PATARKUCHI BASISTHA KAMRUP METRO ASSAM PIN- 781029.

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11:THE BRANCH MANAGER STATE BANK OF INDIA NEW GUWAHATI BRANCH BAMUNIMAIDAM NEW GUWAHATI DIST.- KAMRUP ASSAM- 781021

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Advocate for the Petitioner : MR F KHAN

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Advocate for the Respondent : DY.S.G.I.

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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03.11.2022

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Heard Mr. F. Khan, learned counsel for the petitioner, who submits that the petitioner’s father Ganesh Khataniar retired on 31.12.2021 while serving as an Ancillary Labour in Food Storage Depot (FSD), New Guwahati under the Food Corporation of India (FCI) Divisional Office. Petitioner’s father passed away on 08.01.2022.

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The petitioner’s counsel submits that the petitioner has a sister namely Mamoni Deka, who is not made a party respondent in the present case. He submits that petitioner’s mother and brother are respondent nos. 9 & 10.

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The petitioner’s case is that the petitioner is entitled to receive a share of the retirement benefits of the petitioner’s deceased father.

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Page No.# 4/4

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The petitioner’s counsel submits that the petitioner’s representation dated 14.02.2022, addressed to the respondent no.5, has not been decided by the respondent authority till date. He accordingly prays that a direction may be issued to the respondent no.5, to take a decision on the petitioner’s representation dated 14.02.2022.

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Mr. S. Borthakur, learned counsel appearing on behalf of Mr. S.S. Roy, learned CGC for the respondent no.1 and Mr. A.K. Choudhury, learned counsel appearing on behalf of Mr. B.K. Singh, learned counsel for the respondent nos.2 to 8 submit that they have got no objection to the prayer made by the petitioner’s counsel.

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In view of the consent of the parties, the writ petition is disposed of with a direction to the respondent no.5 to take a decision on the petitioner’s representation dated 14.02.2022, after giving an opportunity of hearing to the respondent nos.9, 10 and Smt. Mamoni Deka, daughter of Late Ganesh Khataniar. The above is subject to the condition that the retirement benefits prayed for by the petitioner, have not been disbursed to the private respondents or to Smt. Mamoni Deka. The entire exercise should be concluded within a period of 3 (three) months from the date of receipt of a certified copy of this order.

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JUDGE

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Comparing Assistant

Bijuli Das v. the Union of India and 10 Ors.

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Bijuli Das v. the Union of India and 10 Ors.

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