Tipjan Begum vs The State Of Assam And 3 Ors
2023 Latest Caselaw 4152 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 KALYAN RAI SURANA

                                    ORDER

06-10-2023 Heard Ms. V. Shohe, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned Addl. Senior Govt. Advocate appearing for respondent nos. 1 & 3 and Mr. D. Handique, learned Standing Counsel, P&RD appearing for the respondent nos. 2 & 4.

The detail discussion on the case of the petitioner is reflected in the order dated 02.01.2023 wherein this Court had directed the Govt. Advocate as well as learned Standing Counsel for the P&RD Department to make necessary submission regarding entitlement of the petitioner to family pension and pensionery benefits. The same direction was reiterated in the orders dated 09.01.2023 and 11.09.2023 whereby the Deputy Commissioner, Darang (respondent no. 3) was directed to place all relevant records and instructions in the matter. The learned Addl. Senior Govt. Advocate has submitted that he has already written to the Deputy Commissioner, Darang for instructions vide letter dated 12.09.2023 but the instructions are not forthcoming. Accordingly, the Court is inclined to issue a notice on the respondents to show cause as to why in view of directions contained in the judgment and order dated 26.09.2009 passed in WP(C) No. 7480/2023, the service of the deceased husband of the petitioner should not be ordered to be regularized retrospectively in terms of the said judgment and while direction should not be issued to release his unpaid salary for the period from 01.05.2003 to 28.09.2010 and resultantly why direction should not be issued to the respondent authorities to release the family pension and pensioner benefits to the petitioner on account of her deceased husband, namely, Late Akbar Ali, who was last serving Page No.# 3/3

as Jarikar under the Koirabari Revenue Circle.

The learned Addl. Senior Govt. Advocate and the learned Standing Counsel, P&RD shall download the copy of the respondent authorities. It is made clear that affidavit-in-opposition, if any, by the respondents should be filed within 10.11.2023 failing which the State is put to further notice that the Court may, in its discretion, invoke the doctrine of non-traverse and presume that the claim of the petitioner has been accepted by the respondents. List on 17.11.2023.

JUDGE

Comparing Assistant