Disposed

Mridul Chakraborty v. the State of Assam and 5 Ors.

Gauhati HC3 Apr 2023WP(C)/4789/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition seeking immediate release of the petitioner's pension and an additional 3% increment. The court directed the Treasury Officer, Karimganj, to process entitlements based on communications from the Senior Accounts Officer.

What did the court decide?

The petition was disposed of with a direction to the Treasury Officer, Karimganj, to process the pension and entitlements as per communications dated 16/2/2023.

Mridul Chakraborty Vs the State of Assam and… — Pension and Retirement Benefits | Gauhati HC (2023)

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GAHC010132582022

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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)/4789/2022

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MRIDUL CHAKRABORTY

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S/O- LATE MONOSA CHAKRABORTY, R/O- BIDHAN SARANI, RAMKRISHNA NAGAR, P.O. AND P.S. RAMKRISHNA NAGAR, DISTKARIMGANJ, ASSAM, PIN- 788166.

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI- 781006.

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2:THE SECRETARY TO THE GOVT. OF ASSAM FINANCE (ESTT-B) DEPARTMENT

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DISPUR

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GUWAHATI-781006.

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3:THE COMMISSIONER AND SECRETARY OF THE GOVT. OF ASSAM GENERAL ADMINISTRATION DEPARTMENT (GAD)

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DISPUR

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GUWAHATI- 781006.

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4:THE DIRECTOR LAND RECORDS ASSAM RUPNAGAR GUWAHATI- 32.

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5:THE ACCOUNTANT GENERAL ( A AND E) ASSAM

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MAIDAMGAON BELTOLA GUWAHATI-29.

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6:THE DEPUTY COMMISSIONER KARIMGANJ (R.K. BRANCH) P.O.- AND DIST.- KARIMGANJ PIN- 788110

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Advocate for the Petitioner : MR. A R TALUKDAR

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Advocate for the Respondent : SC, REVENUE

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 03.04.2023

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Heard Mr. A.R. Talukdar, the learned counsel appearing for the petitioner. Mr. S.Dutta, the learned counsel appears for the respondent No. 1 and 4, Mr. P. Nayak, the learned counsel appears for the respondent No. 2, Mr. A. Phukan, the learned counsel appears for the respondent No. 3, Mr. A. Hassan, the learned counsel appears on for the respondent No.5 and Ms. M.D. Borah, the learned counsel appears for the respondent No. 6.

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The case of the petitioner herein is that the petitioner is aggrieved by the action of the respondents for not releasing his pension along with the additional 3% increment as per the Finance Department, Government of Assam office order dated 13/2/2018.

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Mr. A. Hassan, the learned counsel appearing on behalf of the Accountant General(A & E), Assam that vide a notification dated 12/12/2022 the Governor of Assam had in continuation to the office order dated 13/2/2018 and in

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pursuance to the cabinet decision in the cabinet meeting held on 8/8/2022 had included the post of ‘Mandal’ and ‘Amin’ working in the establishment of Deputy Commissioners and Sub Divisional Officers(C) along with ‘Patowari’ for granting 3% additional increment. He further submitted that in pursuance to that, the Senior Accounts Officer had issued two communications dated 16/2/2013 wherein it has been mentioned that the final PPO of the petitioner had already been made and the petitioner would be entitled to Rs.19,170/- per month as pension. Further to that, vide another communication, the Treasury Officer, Karimganj was informed that the petitioner’s total entitlement on account of DCRG would be Rs. 6,03,855/- and out of which the petitioner had already received the provisional DCRG of Rs.5,98,855/-. The said communications are kept on record and marked with the letter “X” and “Y”. Further to that, the order of the Governor dated 12/11/2022 is also kept on record and marked with the letter “Z”.

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Taking into account the above, the instant writ petition stands disposed of with a direction to the Treasury Officer, Karimganj to do the needful in terms with the communications dated 16/2/2023 issued by the Senior Accounts Officer of the office of the Principal Accountant General (A & E), Assam forthwith.

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The petitioner is directed to serve a copy of this order to the Treasury Officer, Karimganj to do the needful.

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JUDGE

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Comparing Assistant

Mridul Chakraborty v. the State of Assam and 5 Ors.

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Mridul Chakraborty v. the State of Assam and 5 Ors.

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