Gauhati High Court
Bonti Baruah @ Bantimala Baruah vs The State Of Assam And 6 Ors on 30 May, 2022
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GAHC010083112022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2966/2022
BONTI BARUAH @ BANTIMALA BARUAH
D/O- LT. SIBA BARUAH, R/O- VILL.- BHAJONI GAON, P.O. BHAJONI, P.S.
TENGAKHAT, DIST.- DIBRUGARH, ASSAM. PIN- 786103.
VERSUS
THE STATE OF ASSAM AND 6 ORS
TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, PUBLIC
WORKS (ROAD) DEPTT., DISPUR, GHY.-06.
2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
PENSION AND PUBLIC GRIEVANCES DEPTT. (P AND P.G.)
ASSAM
DISPUR
GHY.-06.
3:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GHY.-06.
4:THE CHIEF ENGINEER
PUBLIC WORKS ROAD DEPARTMENT
CHANDMARI
GHY.-03.
5:THE EXECUTIVE ENGINEER
PWD
DIBRUGARH RURAL ROAD DIVISION
DIBRUGARH
ASSAM
PIN- 786001.
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6:THE PRINCIPAL ACCOUNTANT GENERAL ( A AND E) ASSAM
MAIDAMGAON
BELTOLA
GUWAHATI-29.
7:THE TREASURY OFFICER
DIBRUGARH
DIST.- DIBRUGARH
ASSAM
PIN- 786001
Advocate for the Petitioner : MR H TALUKDAR
Advocate for the Respondent : SC, PWD ROAD
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
30.05.2022
Heard Mr. H. Talukdar, learned counsel for the petitioner, who
submits that the petitioner's father was engaged as a Muster Roll
Worker in the office of the respondent no.5 on 01.11.1990 and his
service was regularized w.e.f. 11.07.2005 vide order dated 30.09.2005
issued by the Under Secretary to the Government of Assam, PWD (Audit
Branch). The petitioner's father thereafter retired from service on
31.12.2014. As the petitioner's father was not being given pension, the
petitioner's father filed WP(C) No.7596/2019 praying for pension. WP(C)
No.7596/2019 was disposed of vide order dated 04.10.2019 with a
direction being issued to the respondent authorities to pay pension to
the petitioner's father from 04.12.2018.
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2. The petitioner's father thereafter filed Review Petition No.44/2021
praying that he should be given pension from the date of his retirement,
in terms of the Division Bench judgment of this Court in Binapani Das
vs. State of Assam & 12 Others (WA 18/2021).
3. Review Petition No.44/2021 was disposed of vide order dated
26.03.2021, by modifying the order dated 04.10.2019 passed in WP(C)
No.7596/2019, by directing the respondents to grant pension to the
petitioner's father from the date of his retirement, i.e. 31.12.2014.
4. PPO No.910311222055 was issued for payment of pension to the
petitioner's father. However, before the pension could be released to the
petitioner's father, the petitioner's father expired on 18.01.2022.
5. The petitioner's counsel submits that the petitioner's mother had
expired prior to the death of her father. He also submits that the
petitioner's brother, i.e. Debanath Boruah expired on 17.02.2022. The
petitioner being the remaining unmarried daughter, she was entitled to
payment of family pension, including the arrear pension payable to her
father.
6. Mr. P. Nayak, learned counsel for the respondent nos.1,4 & 5 (PWD
Department) and respondent nos.3 & 7 (Finance Department); Mr. A.
Hassan, learned counsel appearing for the respondent no.6 and Mr. C.S.
Hazarika, learned counsel appearing for the respondent no.2 submit
that there are questions of facts which needs to be clarified in this writ
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petition.
7. On considering the submission made by the petitioner's counsel
and perusing the pleadings, I find that there are numerous
discrepancies in the writ petition. Firstly, the petitioner's name has been
written as 'Ms. Bonti Baruah @ Bantimala Baruah, D/o Siba Baruah'.
The petitioner's affidavit shows her name to be 'Ms Banti Buruah @
Bantibala Baruah, D/o Late Shiva Baruah'. The list of regularized
muster roll workers which includes the petitioner's father, which is a
part of letter dated 30.09.2005 issued by the Under Secretary to the
Government of Assam, PWD (Audit Branch), shows the name of the
petitioner's father to be 'Siba Baruah'. The letter issued by the Principal
Accountant General (A&E) Assam shows the petitioner's father's name
to be 'Siba Baruah'. The name of the petitioner's father is 'Siba Baruah'
in WP(C) No.7596/2019, Review Petition No.44/2021 and the letters
dated 07.10.2015 & 29.07.2021 issued by the office of the Principal
Accountant General (A&E) Assam.
8. The Next of Kin Certificate dated 01.04.2022 issued by the Office of
the Deputy Commissioner, Dibrugarh shows the next of kin of 'Late
Shiva Boruah' to be 'Bonti Boruah' and 'Debanath Boruah'. However,
the Death Certificate of 'Debnath Boruah' issued on 04.04.2022 by the
Registrar (Birth & Death), Municipal Road, Dibrugarh shows that he
had expired on 17.02.2022. As such, Debanath Boruah' could not have
been included in the Next of Kin Certificate dated 01.04.2022.
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9. The Unmarried and Unemployed Certificate dated 15.03.2022
issued by the Block Development Officer, Tengakhat Development Block
shows the petitioner's name as Bantimala Boruah.
10. The letter dated 07.10.2015 issued by the office of the Principal
Accountant General (A&E) Assam shows the name of one Jumi Baruah,
aged 50 years, as the legal heir of Sri Siba Baruah. The name of the
petitioner is not included therein. Further, there is no proof that the
petitioner's mother Jumi Baruah has expired, as there is no Death
Certificate of Jumi Baruah annexed to the writ petition.
11. Mr. H. Talukdar, learned counsel at this stage prays that he may
be allowed to withdraw the writ petition, so that he can obtain necessary
documents to clarify the matter and file a fresh writ petition.
Prayer is allowed.
12. Writ petition is dismissed as withdrawn, with liberty as prayed for
JUDGE
Comparing Assistant
