Nupur Chakrabarty vs The State Of Assam And 6 Ors
2023 Latest Caselaw 3302 Gua

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GAHC010088912020




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

                          Case No. : WP(C)/2630/2020

         NUPUR CHAKRABARTY
         W/O- LATE KUMUD CHAKRABARTY @ KUMODE CHAKRABARTY, R/O-
         VILL- SANKARDEVNAGAR, P.O- MARIGAON, DIST- MARIGAON, ASSAM,
         PIN- 782105



         VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REP. BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM, PNRD
         DEPTT, DISPUR, GUWAHATI 06

         2:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM
          PENSION AND PUBLIC GRIEVANCES DEPTT
          DISPUR
          GUWAHATI- 06

         3:THE COMMISSIONER
          PNRD DEPTT
          PANJABARI
          JURIPAR
          GUWAHATI- 37

         4:AS PER HON'BLE COURT ORDER DTD. 16.10.2020
          R.NO.4 IS DELETED

         5:THE DIRECTOR OF PENSION
         ASSAM
          HOUSEFED COMPLEX
          GUWAHATI- 06

         6:THE CEO
          MARIGAON ZILLA PARISHAD
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              MARIGAON

              DIST- MARIGAON
              ASSAM
              PIN- 782105

             7:THE TREASURY OFFICER
              MORIGAON TREASURY
              DIST- MORIGAON
             ASSAM
              PIN- 78210

Advocate for the Petitioner     : MR. K R PATGIRI

Advocate for the Respondent : GA, ASSAM

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

24/08/2023

Heard Mr. K R Patgiri, learned counsel for the petitioner and Mr. P Handique, learned counsel appearing on behalf of Mr. K Konwar, learned Standing counsel, P&RD Department for the respondent Nos. 1, 3, 4 & 6. Also heard Mr. D Borah, learned Government Advocate, Assam for the respondent Nos. 2 & 5 and Mr. B Gogoi, learned Standing counsel, Finance Department for the respondent No. 7.

2. Husband of the petitioner, Kumud Chakrabarty @ Kumode Chakraborty was the Gaon Panchayat Secretary of Paliguri Gaon Panchayat in the District of Morigaon since 17.01.1994 on being appointed by the Secretary, Morigaon Mohkuma Parishad on 13.01.1994. Subsequently, his service was regularized w.e.f. 01.01.2006 by the Chief Executive Officer, Morigaon Zilla Parishad, Morigaon. Initially, the husband of the petitioner received fixed wages of Rs.900/- per month, which was subsequently enhanced and from the date of his regularization of service w.e.f. 01.01.2006, he received regular scale of pay. The husband of the petitioner was lastly posted at Deusal Gaon Panchayat under the control of the Chief Executive Officer, Morigaon Zilla Parishad, Morigaon and he expired on 15.07.2008 leaving behind the petitioner. In that regard, the Sub-Divisional Officer (Sadar), Morigaon vide No. MAP.1/08/Pt/71 dated 28.08.2008 issued next of kin certificate of said Kumud Chakrabarty reflecting the name of the petitioner as the legal heir of said Kumud Chakrabarty being Page No.# 3/4

his wife (Parivar).

3. Though, the petitioner approached the Chief Executive Officer, Morigaon Zilla Parishad, Morigaon, but the respondent authorities in the Panchayat & Rural Development Department except paying her the leave encashment benefit of 154 days that stood in the name of her husband, late Kumud Chakrabarty paid her an amount of Rs.64,490/- in that regard, without providing her any family pension. Hence, the petitioner has filed this writ petition on 18.06.2020.

4. During the deliberation of the matter, Mr. P Handique, learned counsel appearing on behalf of Mr. K Konwar, learned Standing counsel, P&RD Department placed a copy of the judgment dated 05.08.2023 passed by a Division Bench of this Court in WA No. 133/2023 ( State of Assam and 6 Others Vs. Nur Hussain Mollah B) and submitted that the date of entry of the late husband of the petitioner in service is only on 01.01.2006 as being issued by the Chief Executive Officer, Morigaon Zilla Parishad, Morigaon on regularization of his service from the said date, i.e., 01.01.2006.

5. Rule 140 of the Assam Services (Pension) Rules, 1969, a statutory Rule under Article 309 of the Constitution of India provides that except as otherwise provided in Rule 142, family pension not exceeding the rate mentioned in rule 141 will be admissible in case of death of an officer while in

service or after retirement on or after 1 st January, 1964, if at the time of death the retired officer was in receipt of a compensation, invalid, retiring or superannuation. In case of death while in service, the Government servant should have completed a minimum period of one year of service.

6. Mr. Patgiri, learned counsel for the petitioner, on the other hand stated that the Chief Executive Officer, Morigaon Zilla Parishad, Morigaon submitted the pension proposal before the Commissioner, P&RD Department for awarding family pension to the petitioner and to that extent, Mr. Patgiri placed the communication of the Chief Executive Officer, Morigaon Zilla Parishad, Morigaon (Annexure-3 to this petition). However, it is seen that the same is without any forwarding.

7. On the next date fixed, the Chief Executive Officer, Morigaon Zilla Parishad, Morigaon respondent No. 6 shall apprise the Court as to when he submitted the necessary family pension proposal of the petitioner before the Commissioner, P&RD Department.

8. It is made clear that in the event, the family pension proposal of the petitioner is not forwarded/submitted before the Commissioner, P&RD Department for its onward submission before the Directorate of Pension, Assam, the Chief Executive Officer, Morigaon Zilla Parishad, Morigaon Page No.# 4/4

respondent No. 6 shall do the needful by collecting all the requisite applications, forms, photographs and other requisite documents, whatever is required, for the purpose of payment of family pension to the petitioner and for that purpose, the petitioner shall appear before the Chief Executive Officer, Morigaon Zilla Parishad, Morigaon on or before 22.09.2023.

9. List this matter on 03.10.2023, enabling the Chief Executive Officer, Morigaon Zilla Parishad, Morigaon to place the up to date status regarding the submission of family pension proposal of the petitioner before the Commissioner, P&RD Department.

10. As this order has been passed in presence of the learned counsel for the petitioner as well as Standing counsel, P&RD Department, no formal notice need to be issued to them.

JUDGE

Comparing Assistant