Smt. Krishna Bhuyan vs The State Of Assam And 6 Ors
2022 Latest Caselaw 3556 Gua

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GAHC010078772022




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

                         Case No. : WP(C)/2804/2022

         SMT. KRISHNA BHUYAN
         W/O- TUTU BHUYAN
         D/O- LATE SUBHADRA BHUYAN
         R/O- VILLAGE RAJAMAIDAM, GAJPURIA ROAD, WARD NO.-1
         P.O AND P.S- JORHAT
         DIST- JORHAT, ASSAM, PIN-785008



         VERSUS

         THE STATE OF ASSAM AND 6 ORS.
         REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
         IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-6

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

         3:THE COMMISSIONER AND SECRETARY
          GOVT. OF ASSAM

         PENSION AND PUBLIC GRIEVANCES DEPARTMENT
         DISPUR
         GUWAHATI-06

         4:THE PRINCIPAL SECRETARY
          KARBI ANGLONG AUTONOMOUS COUNCIL
          DIPHU
          KARBI- ANGLONG
         ASSAM
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            5:THE CHIEF ENGINEER
             IRRIGATION
            ASSAM
             CHANDMARI
             GUWAHATI-03

            6:THE ACCOUNTANT GENERAL (A AND E)
            ASSAM
             MAIDAMGAON
             BELTOLA
             GUWAHATI-36

            7:THE EXECUTIVE ENGINEER
             KARBI ANGLONG ( IRRIGATION) DIVISION (I)
            DIPHU
             KARBI ANGLONG
            ASSA

Advocate for the Petitioner   : MR G R A MOTTAQUEE

Advocate for the Respondent : GA, ASSAM




                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                                    ORDER

14.09.2022

Heard Mr. G.R.A. Mottaquee, learned counsel for the petitioner; Mr. N. Upadhyay, learned Standing Counsel, Irrigation Department for the respondent nos. 1 & 5; Mr. R. Borpujari, learned Standing Counsel, Finance Department; Mr. H. Sarma, learned Additional Senior Government Advocate, Assam for the respondent no. 3; Ms. V. Shoy, learned counsel for the respondent nos. 4 & 7; and Mr. A. Hasan, learned Standing Counsel, Accountant General, Assam for the respondent no. 6.

2. In view of the issue involved, there should be an affidavit specifically from the respondent no. 1 and the affidavit should also deal with the judgment and order dated 29.01.1993 passed in Civil Rule no. 4919 of 1991 which, according to the learned counsel for the Page No.# 3/3

petitioner, has attained finality and no appeal has been preferred against the said judgment and order dated 29.01.1993.

3. Pursuant to the judgment and order dated 29.01.1993, the authority in the Irrigation Department had passed an order on 27.07.1993 whereby the mother of the petitioner [since deceased], Late Subhadra Bhuyan was appointed as Work Charged Khalasi with a definite scale of pay. By the impugned communication dated 10.09.2021 [Annexure - 8] the office of the respondent no. 5 has declined the pension proposal in respect of Late Subhadra Bhuyan, expired on 10.02.2022, with the observation that no pension benefits could be extended other than the terminal gratuity. In the judgment and order dated 29.01.1993 passed in Civil Rule no. 4919 of 1991, the direction was given for absorption on regular basis of the petitioners therein which included Subhadra Bhuyan [since deceased].

4. Mr. Upadhayay, learned Standing Counsel, Irrigation Department has prayed for and is granted 4 [four] weeks time to file an affidavit-in-opposition which should also touch upon the aspects hereinabove.

JUDGE

Comparing Assistant