Tipjan Begum vs The State Of Assam And 3 Ors
2023 Latest Caselaw 14 Gua

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GAHC010056332018




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

                                 Case No. : WP(C)/1985/2018

            TIPJAN BEGUM
            W/O. LATE AKBAR ALI, R/O. VILL. AND P.O. MAROI, P.S. SIPAJHAR, DIST.
            DARRANG, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND 3 ORS.
            REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
            PESONAL (B) DEPARTMENT, DISPUR, GUWAHATI-6.

            2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
             PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
             DISPUR
             GUWAHATI-6.

            3:THE DEPUTY COMMISSIONER
             DARRANG
             MANGALDOI

            4:THE SENIOR BLOCK DEVELOPMENT OFFICER
             DOLGAON SIALMARI DEVELOPMENT BLOCK
             KHARUPETIA
             DIST. DARRANG
            ASSAM

Advocate for the Petitioner   : MR. B J TALUKDAR

Advocate for the Respondent : GA, ASSAM
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                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                      ORDER

Date : 02.01.2023

None has appeared on behalf of the petitioner on call. I have heard Mr. J. K. Goswami, the learned Government Advocate appearing on behalf of the respondent Nos. 1 and 3 and Mr. N. K. Debnath, the learned Government Advocate appearing on behalf of the respondent Nos. 2 and 4.

It appears from the records that this Court vide a judgment and order dated 26.02.2009 passed in WP(C) No.7480/2003 had directed that suitable appointment to the husband of the petitioner in any Grade-IV post in any of the establishments under the Deputy Commissioner, Darrang subject to the condition that persons below the petitioner in the merit list had been given regular appointments. It was further directed that in the event, persons below the husband of the petitioner in the merit list had not been given regular appointments, the petitioner should be allowed to continue in his present capacity and his case should be dealt with for regularization in accordance with such policy as may be in force or as may come into force in future. Further to that, the concerned respondent authorities were also directed to take necessary action in that regard forthwith and in any case within a period of three months from the date of receipt of the said order or a certified copy thereof.

It appears from the records that even after the period of three months being over, nothing was done as regards the appointment to be made in favour of the husband of the petitioner. Unfortunately, the husband of the petitioner expired on 28.09.2010 while continuing as a casual worker in the establishment Page No.# 3/3

of the Deputy Commissioner.

The instant writ petition has been filed seeking an appropriate direction to regularize the services of the petitioner's husband retrospectively pursuant to the judgment and order dated 26.02.2009 passed in WP(C) No.7480/2003 and to release the unpaid salary for the period from 01.05.2003 to 28.09.2010 and also to release the family pension and other pensionary benefits to the petitioner.

Let this matter be taken up for further consideration again on 06.01.2023.

On the said date Mr. J. K. Goswami as well as Mr. N. K. Debnath, the learned Government Advocates appearing on behalf of the Deputy Commissioner, Darrang and P&RD Department respectively shall make necessary submissions as regards the entitlement of the petitioner to the family pension and other pensionary benefits.

The Registry shall reflect the name of Mr. N. K. Debnath in the cause list as the Standing counsel for the P&RD Department.

JUDGE

Comparing Assistant