Nalini Morang vs State Of Assam And 6 Ors
2021 Latest Caselaw 570 Gua

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GAHC010240492019




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/7393/2019

         NALINI MORANG
         W/O- LATE RAM NATH MORANG, VILL- DANGDHORA, P.O- MADHAPUR,
         P.S- TITABOR, PIN- 785630, DIST- JORHAT, ASSAM



         VERSUS

         STATE OF ASSAM AND 6 ORS
         REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM,
         EDUCATION DEPTT (SECONDARY) DISPUR, GUWAHATI- 6, DIST-
         KAMRUP(M), ASSAM

         2:THE COMMISSIONER AND SECRETARY
         TO THE GOVT OF ASSAM
          PENSION AND PUBLIC GRIEVANCES DEPTT
          DISPUR
          GUWAHATI- 6
          DIST- KAMRUP(M)
         ASSAM

         3:THE COMMISSIONER AND SECRETARY
         TO THE GOVT OF ASSAM
          FINANCE DEPTT
          DISPUR
          GUWAHATI- 6
          DIST- KAMRUP(M)
         ASSAM

         4:THE DIRECTOR OF SECONDARY EDUCATION
          GOVT OF ASSAM
          KAHILIPARA
          GUWAHATI- 19
          DIST- KAMRUP (M)
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             ASSAM

             5:THE DIRECTOR
              DIRECTORATE OF PENSION
              GOVT OF ASSAM
              HOUSEFED COMPLEX
              DISPUR
              GUWAHATI- 6
              DIST- KAMRUP (M)
             ASSAM

             6:THE INSPECTOR OF SCHOOLS
              JORHAT DISTRICT CIRCLE
              DIST- JORHAT
             ASSAM

             7:THE PRINCIPAL
              MADHAPUR PRS HIGH SCHOOL
              MADHAPUR
             TITABOR
              DIST- JORHAT
             ASSA

Advocate for the Petitioner    : MS J ROY

Advocate for the Respondent : MR. S.P. BHATTACHARJEE,SC, SEC. EDU.




                                  BEFORE
             HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                              ORDER

Date : 18-02-2021

Heard Mr. J. Roy, learned counsel representing the petitioner. Also heard Mr. P. Nayak,

learned counsel for the Finance Department, Mr. S.M.T. Chistie, learned counsel for the

Secondary Education Department as well as Mr. C. Baruah, learned counsel for the respondent

No.8 and Mr. B. Deuri, learned counsel for the respondent No.5.

2. This petition has been instituted by Smti Nalini Morang aged about 73 years being the wife of

late Rama Nath Morang inter alia claiming that she is entitled to family pension in respect of the Page No.# 3/4

service that her deceased husband had undertaken with the respondents in the Secondary Education

Department. This matter was taken up from time to time and various orders were passed. we

particularly take note of the order dated 16.11.2020 wherein it was provided that by the order dated

12.05.2010 passed in WP(C) 4073/2009 there was a direction to the respondents therein to pay the

family pension and other retirement benefits that had been accrued to the deceased husband of the

petitioner. But in spite of such direction, the respondents had not complied with it and accordingly, by

the order dated 16.11.2020 a direction was again issued to the respondents for the necessary

compliance of the judgment dated 12.05.2010. It was also taken note of that the direction in the

judgment dated 12.05.2010 is required to be complied conjointly by the Education Department and the

Pension Department and therefore, both the departments were required to cooperate with each other. In

the resultant situation, the Pension Payment Order bearing No. Pen: ADP/PPO/GPO/2010-11/070115

dated 17.11.2020 was issued by the Finance and Accounts Officer in the Directorate of Pension, Assam

and after that stage it was informed to the Court that the petitioner was required to approach the Sub-

Treasury at Titabor for providing the necessary details that may be required for making the payment of

the family pension to the petitioner. But the petitioner had not done so.

3. It is now stated by Mr. P. Nayak, learned counsel for the Finance Department that the petitioner

appeared before the Sub-Treasury Officer, Titabor on 15.02.2021. On her appearance and providing the

necessary particulars, the file had been transmitted to the Treasury Officer, Jorhat for doing the needful.

It is further stated by Mr. P. Nayak that the Treasury Officer, Jorhat had done the needful and forwarded

the papers to the concerned bank where the petitioner has her account. It is further informed that the

bank would require 20 to 25 days for completing the formalities and bringing it to the stage where the

petitioner can receive the pension amount due to her.

4. In view of such statement, we do not find any further requirement of keeping the writ petition

pending. The petitioner may confer with her bank for providing the required information as to when the Page No.# 4/4

pension amount can be drawn by her.

5. As the formalities that are required to be done by the State authorities have been complied in the

meantime, now it is for the concerned bank to do the needful to enable the petitioner to receive the

amount.

6. The process for paying the other retirement benefit in respect of the deceased husband of the

petitioner be also expedited and in any way be completed within a period of 3 (three) months.

In view of the above, the writ petition stands disposed of.

JUDGE

Comparing Assistant