Citation : 2024 Latest Caselaw 3871 Gua
Judgement Date : 3 June, 2024
Page No.# 1/3
GAHC010062842024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1733/2024
SANDHYA SUKLABAIDHYA
W/O- LATE JATINDRA MOHAN SUKLABAIDHYA,
VILLAGE- MASKIPUR, PO- MALUA,
DISTRICT- KARIMGANJ, ASSAM,
PIN- 788806.
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT,
DISPUR, GUWAHATI-6.
2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
PENSION AND PUBLIC GRIEVANCES DEPARTMENT
DISPUR
GUWAHATI-6.
3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6.
4:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT
ASSAM
JURIPAR
SIX MILE
GUWAHATI-37.
Page No.# 2/3
5:THE DIRECTOR OF PENSION
ASSAM
HOUSEFED COMPLEX
GUWAHATI-6.
6:THE CHIEF EXECUTIVE OFFICER
KARIMGANJ ZILLA PARISHAD
P.O. AND DISTRICT- KARIMGANJ
ASSAM.
PIN- 788710.
7:THE TREASURY OFFICER
KARIMGANJ TREASURY
AT KARIMGANJ
P.O. AND DISTRICT- KARIMGANJ
ASSAM
PIN- 788710
Advocate for the Petitioner : MR. M ISLAM
Advocate for the Respondent : SC, P AND R.D.
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 03.06.2024
Heard Mr. M. Islam, learned counsel for the petitioner. Also heard Mr. P. Handique, learned Standing Counsel for respondent Nos. 1, 4 and 6, Ms. A. Talukdar, learned Government Advocate appearing for respondent Nos. 2 and 5 and Mr. B. Gogoi, learned Standing Counsel for Finance Department represents respondent Nos. 3 and 7.
The petitioner projects that her husband Late. Jatindra Mohan Suklabaidhya had rendered continuous service of more than 27 years as Grade-III employee as Secretary of Hasanpur GP under Karimganj Zilla Page No.# 3/3
Parishad and had died-in-harness.
It is projected that the petitioner that on death of her husband is entitled to family pension and other retiral benefits which has not been released till date.
Hence this writ petition, claiming benefits as granted in judgment dated 24.03.2010 passed by this Court in WA 145/2009- The State of Assam & Another Versus Syed Md. Fazlay Rabbi and other connected cases.
An additional affidavit filed by the petitioner has been brought on record.
Issue notice returnable on 22.07.2024. Requisite extra copies of the writ petition be furnished to the learned State and Departmental Counsel within 2(two) days.
Pendency of this writ petition shall not be a bar for the respondent authorities in the Panchayat and Rural Development Department to examine the claim of the petitioner and pass appropriate orders.
List on 22.07.2024.
.
JUDGE
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