Disposed

Firoza Begum v. the State of Assam and 5 Ors.

Gauhati HC6 Dec 2023WP(C)/4743/2022

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking release of unutilized earned leave salary of her late husband, a retired employee of Bongaigaon Zila Parishad. As respondent authorities failed to appear, the court directed the Commissioner, Panchayat and Rural Development, to consider a pending representation and dispose of it within 30 days.

What did the court decide?

Writ petition disposed of; direction to Commissioner, Panchayat and Rural Development to dispatch a pending representation and pass a speaking order within 30 days.

Firoza Begum Vs the State of Assam and 5 Ors. — Public Procurement and Tenders | Gauhati HC (2023)

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GAHC010141752022

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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)/4743/2022

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FIROZA BEGUM W/O LATE HAKIB ALI, R/O VILL.- MOUKHOWQ, P.O.- AND P.S.- MANIKPUR, DIST.- BONGAIGAON, ASSAM, PIN- 783392.

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VERSUS

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THE STATE OF ASSAM AND 5 ORS REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI- 06.

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2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCE DEPARTMENT DISPUR GUWAHATI- 06.

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3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 06. 4:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT PANJABARI JURIPAR GUWAHATI- 37. 5:THE CHIEF EXECUTIVE OFFICER BONGAIGAON ZILLA PARISHAD BONGAIGAON

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DIST.- BONGAIGAON ASSAM PIN- 783390. 6:THE TREASURY OFFICER BONGAIGAON TREASURY BONGAIGAON DIST.- BONGAIGAON ASSAM PIN- 783390

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Advocate for the Petitioner : MR. K R PATGIRI

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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06.12.2023

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Heard Mr. K.R. Patgiri, learned counsel for the petitioner. Also heard Mr. N.K. Devnath, learned Standing Counsel, P&RD.

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This writ petition has been filed by the petitioner aggrieved that the husband of the petitioner’s unutilized earned leave salary has not been released. The late husband of the petitioner was working as a Chawkidar in Manikpur Gaon Panchayat and thereafter appointed as a Peon in Titaguri Gaon Panchayat under Bongaigaon Zila Parisad in the district of Bongaigaon. Thereafter, he continued his service and upon completion of the age of superannuation, he retired from service on 31.09.2014. The late husband of the petitioner received all retirement benefits except unutilized earned leave encashment and subsequently he expired on 16.10.2018 leaving behind petitioner and four sons. The petitioner has been receiving monthly family pension regularly but the unutilized earned leave salary of her late husband has not been received. In this

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context, the petitioner is represented before the authorities by the representation dated 11.04.2022 which is stated to have been received in the Office of the Commissioner, Panchayat and Rural Development Department.

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Although Notices were issued in the matter as far back as 27.07.2022 and the respondents counsel were granted opportunities to complete their instructions but no response is forthcoming from the respondents.

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Today when the matter is called up, Mr. N.K. Devnath, learned Standing Counsel, P&RD submits that his instructions are awaited.

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Considering the limited prayer of the writ petitioner and also considering the fact that a representation filed by the petitioner is stated to be pending before the Commissioner, Panchayat and Rural Development, this Court considers it appropriate to dispose of the writ petition with a direction to the Commissioner, Panchayat and Rural Development to look into the grievances of the petitioner and thereafter expeditiously dispose of the said representation by passing a speaking order.

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Any information or particulars which may be considered necessary by the authority at the time of consideration of the representation, the same may be called for from the petitioner. The representation is directed to be disposed of within a period of 30 days from the date of receipt of certified copy of this order. Any order that is passed by the respondents, copies thereof are directed to be served on the petitioner

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With the above observation, the writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Firoza Begum v. the State of Assam and 5 Ors.

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Firoza Begum v. the State of Assam and 5 Ors.

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