Gauhati High Court
Malaya Saikia @ Smt. Malaya ... vs The Board Of Trustees And Anr on 24 August, 2022
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GAHC010141252022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5407/2022
MALAYA SAIKIA @ SMT. MALAYA HAZARIKA
RETD. SR. ASSTT., ATPPF, ORGANIZATION, GUWAHATI, D/O. LT.
SATYENDRA HAZARIKA SAIKIA, R/O. BISWANATH CHARIALI, VILL.
BASPURA, P.O. GERUABARI VIA BISWANATH CHARIALI, DIST. SONITPUR.
VERSUS
THE BOARD OF TRUSTEES AND ANR
REP. BY THESECRETARY CUM PF COMMISSIONER, ATPPF AND PF
SCHEME, NIDHI BHAWAN, BASISTHA CHARIALI, LALMATI, GUWAHATI-
29.
2:THE ADDL. P.F. COMMISSIONER (ADMINISTRATION)
ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANIZATION
NIDHI BHAWAN
BASISTHA CHARIALI
LALMATI
GUWAHATI-29
Advocate for the Petitioner : MR. S B PRASAD
Advocate for the Respondent : SC, ATPPF
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
24.08.2022
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By filing this writ petition, the petitioner who retired as a Senior Assistant
under the establishment of Assam Tea Employees Provident Fund Organisation
(for short, ATEPFO) has claimed retrospective arrear service benefits inclusive of
financial upgradations under the ACPS/MACPS at par promotional benefits and
revised pension of higher post (Superintendent) which has otherwise been given
to similarly situated persons.
2. The learned counsel for the petitioner Mr. SB Prasad submits that this is the
second time the petitioner is before this Court. The earlier writ petition i.e.
WP(C)No.5586/2010 was disposed of vide judgment and order dated
15.10.2012 by directing the respondents to reinstate the petitioner with
continuity in her service and to pay her 50% of the back wages from the date of
suspension till her reinstatement in service. The said decision was challenged by
the respondents through WA No.61/2013 and the writ appeal was disposed of
vide the order dated 31.05.2016 by upholding the decision of the learned Single
Judge and directing the respondent authorities to comply with the direction
given within a period of eight weeks.
3. The learned counsel for the petitioner submits that the direction of the
Division Bench was partially complied with by the respondents and therefore,
she submitted a representation to the respondent authority concerned i.e.
respondent No.1 on 17.06.2022 (Annexure-17 to the writ petition) praying for
grant of all the benefits entitled to her. However, the same has not been
considered and disposed of till date. The learned counsel also submits that the
petitioner presently is terminally ill and, therefore, is in requirement of fund for
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her treatment.
4. Considering the submissions made and on perusal of the writ petition and
particularly, in view of the pending representation dated 17.06.2022, the writ
petition is disposed of at the motion stage with a direction to the respondent
No.1 to consider and dispose of the representation of the petitioner dated
17.06.2022 expeditiously and at any rate within the outer limit of six weeks from
the date of receipt of a certified copy of this order.
5. The presence of Mr. NC Das, learned standing counsel for the respondent
Nos.1 and 2 i.e. ATEPFO is also recorded.
JUDGE
Comparing Assistant
