Citation : 2025 Latest Caselaw 3083 Gua
Judgement Date : 12 February, 2025
Page No.# 1/3
GAHC010014312025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/410/2025
SMTI JOYMOTI TALUKDAR
W/O- LATE KAMALESWAR TALUKDAR,
RESIDENT OF VILLAGE AND PO ANGARDHAWA, DIST BAKSA, BTAD,
ASSAM, PIN-781344
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR,
GUWAHATI-06
2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
PENSION AND PUBLIC GRIEVANCES DEPARTMENT
ASSAM
DISPUR
GUWAHATI-06
3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-06
4:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT
ASSAM
JURIPAR
SIXMILE
GUWAHATI-37
5:THE DIRECTOR OF PENSION
Page No.# 2/3
ASSAM
HOUSEFED COMPLEX
DISPUR-06
6:THE CHIEF EXECUTIVE OFFICER
NALBARI ZILLA PARISHAD
NALBARI
ASSAM
PIN-781335
7:THE TREASURY OFFICER
NALBARI TREASURY
NALBARI
PIN-78133
Advocate for the Petitioner : MD MOFIDUL ISLAM, MS A KHATUN
Advocate for the Respondent : SC, P AND R.D., GA, ASSAM,SC, FINANCE
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 12.02.2025
Heard Mr. M.Islam, learned counsel for the petitioner, who submits that the petitioner is aggrieved with the deduction of 14 years and 34 days of qualifying services for grant of family pension to her. He submits that late husband of the petitioner had served 39 years and 10 months and she be given a higher pension in terms of the service rendered. He submits that the case of the petitioner is covered by the decision of the Division Bench of this Court rendered in Writ Appeal No. 145/2009 vide Judgment and Order dated 24.03.2010 (Annexure-1).
Issue notice of motion, returnable by 04(four) weeks.
Ms. J.Borah, learned counsel appears for the respondent Nos. 1, 4 and 6. Ms. Page No.# 3/3
U. Sharma, learned Government Advocate appears for the respondent Nos. 2 and 5 whereas, Mr. A.Chaliha, learned Standing Counsel, Finance Department represents the respondent Nos. 3 and 7.
Since the respondents are represented by their respective counsel, no formal notice need be issued to them.
Petitioner shall serve the extra requisite copies of petition along with the annexures within two days from today.
List after 04(four) weeks.
Respondents shall file their counter affidavit in the meantime.
JUDGE
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