Smti. Indrakala Devi vs Guljari Lal (Ia And As) And 6 Ors
2022 Latest Caselaw 1161 Gua

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GAHC010190962021




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

                           Case No. : Cont.Cas(C)/449/2021

         SMTI. INDRAKALA DEVI
         WIFE OF LATE LOKNATH SARMA, RESIDENT OF JAIL ROAD, NAGAON, P.S.
         SADAR, DISTRICT NAGAON, ASSAM, PIN 782001.



         VERSUS

         GULJARI LAL (IA AND AS) AND 6 ORS
         THE PRINCIPAL ACCOUNTS OFFICER (A AND E), MAIDAMGAON,
         BELTOLA, GUWAHATI-24

         2:SRI V.S. BHASKAR
          IAS

          ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM
          PENSION AND PUBLIC GRIEVANCES DEPARTMENT
          DISPUR
          GUWAHATI-06.

         3:SRI S.K. DHAR

          THE SENIOR ACCOUNTS OFFICER I/C PEN-2 SECTION
          OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (A AND E)
          ASSAM
          MAIDAMGAON
          BELTOLA
          GUWAHATI-29

         4:DR. BIJOYA CHOUDHURY
         ACS

          THE DIRECTOR
          ELEMENTARY EDUCATION
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             KAHILIPARA
             GUWAHATI
             ASSAM
             PIN 781019.

            5:SMTI. GAYATRI NAIDING

             DISTRICT ELEMENTARY EDUCATION OFFICER
             NAGAON
             ASSAM

            6:SRI MRIDUL KUMAR NATH

             THE INSPECTOR OF SCHOOLS
             NAGAON DISTRICT CIRCLE
             NAGAON
             ASSAM
             PIN 782001.

            7:SRI BUDDHA KATAKY

             THE DEPUTY INSPECTOR OF SCHOOLS
             NAGAON
             ASSAM
             PIN 782001

Advocate for the Petitioner   : MRS. P BARMAN (BORKAKOTI)

Advocate for the Respondent : MR. D SAIKIA (R-4)




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                      ::ORDER::

Date : 01/04/2022

Heard Mrs. P. Barman, the learned counsel appearing for the petitioner and Mr. R.K. Talukdar, the learned Standing Counsel for the Respondent Nos. 1 & 3, who has placed on record a Communication dated 29/3/2022 issued by the Director of Elementary Education, Assam to the Accountant General, Assam, whereby it was mentioned that the Office of the Accountant General, Assam is the competent Page No.# 3/3

authority for sanctioning family pension to the petitioner and as such requested the said Office of the Accountant General, to sanction family pension to the petitioner from the period 1/4/2000 to 15/2/2010 for compliance to this Court's order.

To the Communication dated 29/3/2022 there is an enclosure issued by the Senior Accounts Officer of the Principal Accountant General (A & E) to the Treasury Officer, Nagaon Treasury dated 4/1/2022 and from the same, it would appear that there is a direction to the Treasury Officer to make arrangement for payment of family pension as per the rates stipulated therein. The Communication dated 29 March, 2022 and 4/1/2022 are kept on record and marked with the Letter "X" and "Y".

From the above, it would be clear that the directions as given in Paragraph Nos. 13, 14, 15 & 16 of the said judgment has been duly complied with. However, Mrs. P. Barman, the learned counsel for the petitioner submits that till date no order has been passed as to whether the petitioner would be entitled to any further relief under Rule 143(A) of the Assam Services (Pension) Rules, 1969.

The learned counsel appearing for the Respondent No. 4, Mr. P.K. Borah that the compliance to the direction in terms with Paragraph 17 is in process and such order will be passed within a period of three weeks from today i.e. by 29/4/2022.

Accordingly, let the matter be listed on 2nd of May, 2022 for further consideration.

JUDGE

Comparing Assistant