Machuma Khatun vs The State Of Assam And 5 Ors
2022 Latest Caselaw 515 Gua

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GAHC010015102022




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

                           Case No. : WP(C)/667/2022

         MACHUMA KHATUN
         D/O- LATE ABDUL KHALEK KHAN, VILL.- KAIMARI PT-III, P.O. KAIMARI,
         DIST. DHUBRI, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         TO BE REP. BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT,
         DISPUR, GUWAHATI-6.

         2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          FINANCE DEPARTMENT
          DISPUR
          GUWAHATI-6.

         3:THE DIRECTORATE OF PENSION

          BANPHOOL NAGAR
          DISPUR
          BASISTHPUR
          GUWAHATI
          ASSAM-781006.

         4:THE DIRECTOR

          ELEMENTARY EDUCATION
          ASSAM
          KAHILIPARA
          GUWAHATI-19.

         5:THE DISTRICT ELEMENTARY EDUCATION OFFICER
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             DHUBRI
             ASSAM

            6:THE TREASURY OFFICER
             DHUBRI
             P.O. AND DIST.- DHUBRI
            ASSA

Advocate for the Petitioner   : MR. A R BHUYAN

Advocate for the Respondent : GA, ASSAM




                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                          ORDER

Date : 14/02/2022

By our earlier order dated 04.02.2022, we have taken note that the

Director of Pension had taken a substantial different view from the

adjudication in the judgment dated 10.03.2021 in WP(C) 2561/2020.

The Director comes forward before the Court with an explanation that he

was not aware of the judgment dated 10.03.2021 in WP(C) 2561/2020. If that is

so, atleast as on today, the Director is aware of the judgment of the Court.

The Director is given an opportunity to do the needful to act in consonance

with the judgment of this Court.

List after one week.

In the meantime, the Director of Elementary Education, Assam to take a

decision on the entitlement of the petitioner for the benefit of compassionate Page No.# 3/3

family pension.

The decision of the Director to be placed before the Court on the next date

fixed.

JUDGE

Comparing Assistant