Pratibha Thakuria vs Narayan Konwar And 4 Ors
2023 Latest Caselaw 2026 Gua

                                                                Page No.# 1/3

GAHC010098532023




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

                        Case No. : Cont.Cas(C)/275/2023

         PRATIBHA THAKURIA
         W/O- LATE KUSHAL THAKURIA,
         R/O- VILL- UPARHALI,
         P.O- BIJOY NAGAR, DIST- KAMRUP, ASSAM PIN-781122



         VERSUS

         NARAYAN KONWAR AND 4 ORS.
         THE SECRETARY TO THE GOVT OF ASSAM, DEPTT. OF SCHOOL
         EDUCATION (ELEMENTARY), ASSAM, CIVIL SECRETARIAT, DISPUR,
         GUWAHATI, ASSAM, PIN-781006

         2:MD. ANOWAR UDDIN CHOUDHURY IAS
         THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
          DEPTT. OF PENSION AND PUBLIC GRIEVANCE
         ASSAM
          CIVIL SECRETARIAT
          DISPUR
          GUWAHATI
         ASSAM
          PIN-781006

         3:MANISH THAKUR
          IAS
         THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
          DEPTT. OF FINANCE
          DISPUR
          GUWAHATI
         ASSAM
          PIN-781006

         4:BHABESH DEKA
                                                                     Page No.# 2/3

             THE DIRECTOR OF PENSION
             HOUSEFED COMPLEX
             DISPUR
             BELTOLA ROAD
             GUWAHATI
             ASSAM
             PIN-781006

            5:SURANJANA SENAPATI ACS
            THE DIRECTOR OF ELEMENTARY EDUCATION
            ASSAM
             KAHILIPARA
             GUWAHATI
            ASSAM
             PIN-78101

Advocate for the Petitioner   : MR. B ZAMAN

Advocate for the Respondent :




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                        ORDER

17-05-2023

Heard Mr. A.K. Dutta, learned counsel for the petitioner. This Contempt petition has been filed by the petitioner alleging wilful disobedience of the order dated 11.05.2022 passed in WP(C) No.3049/2022.

It is submitted that this Court by the said order dated 11.05.2022 passed in WP(C) No.3049/2022 directed the petitioner to file a representation before the Finance Department as well as before the Elementary Education Department seeking pensionary benefits. The husband of the petitioner was appointed on 04.11.2020 as a Grade-IV employee in the Uparhali Model LP School, Kamrup and since then he had been working in the said school. The husband of the petitioner expired on 16.05.2021. Accordingly, the requirement of completion of Page No.# 3/3

one year under the Assam Services (Pension) Rules, 1969 was not fulfilled. This Court by judgment and order dated 11.05.2022 had permitted the petitioner to file necessary representation and directed the respondent authorities in the Elementary Education Department to pass a reasoned order on such application that may be made by the petitioner under Rules 234 & 235 of the Assam Services (Pension) Rules, 1969 and if the authorities are prima facie view that the matter be placed before the Hon'ble Governor of Assam, it be so done. The authorities were also directed to take note of the Rule 266 of the Rules of 1969.

It is submitted by the learned counsel for the petitioner that the petitioner has filed a representation before the concerned respondent authorities accordingly but in spite of the specific directions given in the order dated 11.05.2022 passed in WP(C) No.3049/2022, till date, no communication has been received from the respondents' side regarding compliance of the direction of this Court. Being aggrieved, the present contempt petition has been filed.

Let notice be issued, returnable by 4 (four) weeks.

Notice shall be served upon the respondents by registered post with A/D within 7 (seven) days from today.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant