Disposed

Anowar Hussain Mondal v. the State of Assam and 6 Ors.

Gauhati HC14 Sept 2022WP(C)/758/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition filed by a retired Senior Assistant of the Health Department praying for payment of arrears salary. The Court directed the Director of Health Services to release the arrear salary of Rs. 13,62,734/- within three months.

What did the court decide?

Direction to the Director of Health Services to release the arrear salary of Rs. 13,62,734/- for the period from 31.08.2015 to 31.12.2019 within three months.

Anowar Hussain Mondal Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010018552022

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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)/758/2022

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ANOWAR HUSSAIN MONDAL SON OF LATE AMIR HAMJA MONDAL R/O VILL- HATISINGIMARI

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DIST. SOUTH SALMARA, MANKACHAR, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 6 ORS

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI781006.

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM

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FINANCE DEPARTMENT DISPUR GUWAHATI-781006

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3:THE ACCOUNTANT GENERAL (A ND E)

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ASSAM MAIDMAGAON BELTOLA

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GUWAHATI-781039

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4:THE DIRECTOR OF PENSION

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ASSAM DISPUR GUWAHATI -781006.

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5:THE DIRECTOR OF HEALTH SERVICES

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ASSAM HENGRABARI GUWAHATI-781036

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6:THE JOINT DIRECTOR OF HEALTH SERVICES

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DHUBRI P.O. AND DIST. DHUBRI ASSAM PIN-7883301 7:THE JOINT DIRECTOR OF HEALTH SERVICES

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NALBARI P.O. AND DIST. NALBARI ASSAM PIN-78133

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Advocate for the Petitioner : MR. S ISLAM

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Advocate for the Respondent : SC, AG

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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Date : 14-09-2022

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Heard Mr. S. Islam, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned counsel for the respondent No. 3 and Ms. D. Borah, learned counsel for the Health Department, while Ms. S. Barua, learned counsel for the respondent No. 4.

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The petitioner is praying for grant of pensionary dues and arrear salary. The petitioner’s case is that she has retired from service on attaining the age of superannuation w.e.f. 31.12.2019, while working as Senior Assistant in the Health Department.

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The grievance of the petitioner is that though all the pensionary benefits have been granted to the petitioner during the proceedings of this case, the arrear salary amounting to Rs. 13,62,734/- has not been released to the petitioner till date. The petitioner’s counsel submits that the present writ petition can be disposed of, if a direction is issued to the respondents, especially the respondent No. 5 to make payment of the arrear salary, within a specified time period.

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The learned counsels for the respondents submit that they have got no objection to the prayer made by the petitioner’s counsel.

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Mr. R. Dhar, learned counsel for the respondent No. 3 has submitted letters dated 26.08.2022, issued by the Senior Accounts Officer, Office of the Principal Accountant General (A & E), Assam, which shows that pension and other retirement benefits have been granted to the petitioner. The letter dated 26.08.2022 issued by the Senior Accounts Officer shows that instructions have been given to the Treasury Officer, Nalbari to make payment of the pension and other pensionary benefits to the petitioner.

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The letter dated 29.06.2022, issued by the Joint Director of Health Services and addressed to the Director of Health Services, is to the effect that budget allotment for arrear salary in respect of the petitioner has been made and that the amount of Rs. 13,62,734/- has not been drawn by the petitioner.

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In view of the communications, referred to above and which has been submitted to this Court today, the respondents, especially the respondent No. 5, is directed to release the said arrear salary amounting to Rs. 13,62,734/-, for

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the period from 31.08.2015 to 31.12.2019, to the petitioner, within a period of 3 months from the date of receipt of a certified copy of this order.

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The communications which have been submitted to this Court are made a part of the record and marked as Annexure-‘X’ collectively.

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The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Anowar Hussain Mondal v. the State of Assam and 6 Ors.

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Anowar Hussain Mondal v. the State of Assam and 6 Ors.

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