Disposed

Mohammad Ali v. the State of Assam and 6 Ors.

Gauhati HC6 Nov 2023WP(C)/6409/2023

Case brief

AI extract

What is this about?

Petitioner sought sharing of compassionate family pension alleging desertion by the deceased's wife. Court directed authority to file fresh representation, give personal hearing to both parties, and dispose within one month, staying further payments.

What did the court decide?

Order directing respondent to file fresh representation, give personal hearing to both parties, and dispose within one month; pension payment stayed.

Mohammad Ali Vs the State of Assam and 6 Ors. — Pension and Retirement Benefits | Gauhati HC (2023)

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GAHC010239002023

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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)/6409/2023

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MOHAMMAD ALI

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S/O LATE SIRAJ ALI, R/O VILL-DUAMARI, P.O.-DEWAGURI, DISTMORIGAON, ASSAM, PIN-782127

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VERSUS

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THE STATE OF ASSAM AND 6 ORS

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TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL (ELEMENTARY) EDUCATION, JANATA BHAWAN, (ASSAM SECRETARIAT COMPLEX), DISPUR, GUWAHATI-781006

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2:PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF FINANCE JANATA BHAWAN (ASSAM SECRETARIAT COMPLEX) DISPUR GUWAHATI-781006

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3:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT JANATA BHAWAN (ASSAM SECRETARIAT COMPLEX) DISPUR GUWAHATI-781006

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4:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019

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5:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI ASSAM

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6:THE DIRECTOR OF PENSION BANPHOOL NAGAR DISPUR BASISTHAPUR GUWAHATI-781006

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7:LIASMA SULTANA W/O LATE ASHAD ALI R/O VILL-DUAMARI P.O.-DEWAGURI DIST-MORIGAON ASSAM PIN-78212

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Advocate for the Petitioner : MR A R BHUYAN

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Advocate for the Respondent : SC, ELEM. EDU

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BEFORE

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HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR

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06.11.2023 O R D E R

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Heard Mr. A. R. Bhuyan, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned Standing Counsel, Elementary Education Department, Government of Assam, for respondent Nos.1, 4 and 5; Mr. A. Chaliha, learned Standing Counsel, Finance Department, Government of Assam for respondent No.2 and Mr. B. Deuri, learned Government Advocate, Assam for respondent Nos.3 and 6.

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The petitioner is the dependent father of late Ashad Ali, who died in harness on 21.05.2023 while serving as a regular Arabic Teacher in Kathulipara ME Madrassa, Dhubri.

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It is the case of the petitioner that while his son, namely, late Ashad Ali, was serving as an Arabic Teacher in the said Kathulipara ME Madrassa, Dhubri, he was detected with cancer and, accordingly, the petitioner’s son succumbed to the said disease. During the course of his treatment, wife of the petitioner’s son, namely,

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Liasma Sultana (respondent No.7) deserted her husband and started to reside in her parental home. In terms of the Notification dated 14.09.2017, which provides for compassionate family pension scheme, respondent No.7 received some of the pensionary benefits. However, it is the case of the petitioner that he is not being looked after by the respondent No.7, who is the wife of the petitioner’s late son. Clause 5.10 of the Notification dated 14.09.2017 provides that if the parents or other eligible family members are not looked after by the compassionate family pensioner, on receipt of such complaint from them, the competent authority will issue orders apportioning the compassionate family pension appropriately among the other eligible family members.

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As the petitioner is not being looked after by the respondent No.7, who is the wife of the petitioner’s late son Ashad Ali, the petitioner filed a complaint before the Director of Elementary Education, Assam on 22.08.2023. It is the case of the petitioner that the said complaint dated 22.08.2023 is yet to be attended to by the Director of Elementary Education, Assam/respondent No.4.

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After hearing learned counsel for the parties and on consideration of the materials available on record, this writ petition is disposed of directing the petitioner to file a fresh representation before the respondent No.4 by annexing a copy of this writ petition along with the annexures appended thereto within a period of 10 days from today. Thereafter, on receipt of the representation to be made by the petitioner, the respondent No.4 shall give a personal hearing to the petitioner as well as respondent No.7/wife of the petitioner’s late son, namely, Ashad Ali and, thereafter, dispose of the representation within a period of one month in accordance with law. Till the representation filed by the petitioner is considered and disposed of, no further pensionary benefit shall be paid to any of the parties.

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With the above observations and directions, the writ petition is disposed of.

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JUDGE

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Comparing Assistant

Mohammad Ali v. the State of Assam and 6 Ors.

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Mohammad Ali v. the State of Assam and 6 Ors.

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