Gauhati High Court
WP(C)/6908/2024 on 16 September, 2025
GAHC010272432024
2025:GAU-AS:12706
IN THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
W.P.(C) NO.6908 OF 2024
1. Rina Ganju,
W/o- Pradip Ganju,
R/o Village- Upper Hatimura,
P.S. & P.O.- Jakhalabandha,
Dist:- Nagaon, Assam,
Pin- 782136.
2. Ajay Ganju,
S/o- Pradip Ganju,
R/o Village- Upper Hatimura,
P.S. & P.O.- Jakhalabandha,
Dist:- Nagaon, Assam,
Pin- 782136.
.......Petitioners
-Versus-
1. The State of Assam, represented by the
Commissioner and Secretary to the Govt.
of Assam, Irrigation Department, Dispur,
Guwahati-6.
2. The Commissioner and Secretary to the
Govt. of Assam, Finance Department,
Dispur, Guwahati-06.
3. The Chief Engineer of Irrigation
Department, Second Block B,
Krishnanagar, Chandmari, Guwahati-
Page 1 of 8
781003.
4. The Executive Engineer, Kaliabor & Intd.
Kalong Division (Irrigation), Nagaon.
5. The Superintendent Engineer, Irrigation,
Nagaon Circle- 782001.
6. The Director of Pension, Guwahati-
781006.
7. The Accountant General, Office of the
Accountant General, Maidamgaon,
Beltola, Guwahati- 781029.
8. The Treasury Officer, Nagaon Treasury
Office, Christanpatty, Nagaon- 782001.
....... Respondents
-BEFORE-
HON'BLE MR. JUSTICE KAUSHIK GOSWAMI
For the Petitioner(s) : Ms. G. Borah, Advocate.
For the Respondent(s) : Ms. D.S. Neog, Standing Counsel,
Irrigation Department.
: Mr. C.K.S. Baruah, Government
Advocate.
Date of Hearing : 16.09.2025.
Date of Judgment : 16.09.2025.
JUDGMENT & ORDER (ORAL)
Heard Ms. G. Borah, learned counsel, appearing
for the writ petitioners. Also heard Ms. D.S. Neog, learned
Standing Counsel, Irrigation Department, appearing for the
respondent Nos. 1, 3, 4 and 5 and Mr. C.K.S. Baruah, learned
Government Advocate, appearing for the respondent No. 6.
2] By way of this instant writ petition under Article 226
of the Constitution of India, the writ petitioners are seeking
release of arrear salary, leave encashment, GPF, death cum
retirement gratuity, and family pension in favour of the writ
petitioners.
3] The brief fact of the case is that one Pradip Ganju,
who is the husband of the writ petitioner No. 1 and father of
the writ petitioner No. 2, was appointed as a helper under the
head of the respondent Nos. 3 and 4, and his service was
regularized w.e.f. 22.07.2005 in pursuance of the Govt. Letter
No. ING (E) 104/2003/198, and Finance Department No. FEC
(II) 1/2005/66.
4] It is the specific case of the writ petitioners that the
said husband/father of the writ petitioners has been missing
since 29.04.2013, and accordingly, upon informing the
Jakahlabandha Police Station about the missing of their
husband/father, a General Diary Entry bearing GDE No. 815
on 30.04.2013 was registered. Thereafter, a W.T. message to
the Officer-in-Charge of the police station concerned has also
been sent. It is the further specific case of the writ petitioners
that despite the police enquiring into the matter, the said
husband/father of the writ petitioners could not be traced till
date. Situated thus, the writ petitioner No. 1 in the month of
June, 2013, filed an application before the respondent No. 3
for granting pensionary as well as collateral benefits, but the
writ petitioner was advised to obtain a death certificate of the
missing employee.
5] It is the further specific case of the writ petitioners
that upon completion of 7 years since the said husband/father
of the writ petitioners went missing, the writ petitioners
approached different authorities to obtain a death certificate
of the missing person, and finally a declaratory suit was filed
before the learned Court of Munsiff, Kaliabor, Nagaon, Assam,
wherein the learned Court of Munsiff, Kaliabor, dismissed the
suit. It is also the case of the writ petitioners that though the
writ petitioner No. 1 on 13.11.2023 had filed a representation
before the respondent No. 2 for grant of pension under Rule
143 A of the Assam Services (Pension) Rules, 1969
(hereinafter referred to as the "Pension Rule, 1969"), nothing
has been done till date. Hence, the present writ petition has
been filed.
6] Ms. G. Borah, learned counsel appearing for the writ
petitioners, submits that the writ petitioners have submitted a
representation on 13.11.2023 for grant of family pension and
other benefits in terms of Rule 143 A of the Pension Rule,
1969. She further submits that since the police report
submitted by the jurisdictional police station indicates that the
husband/father has not been traced after all efforts have
been made, the representation filed by the writ petitioners for
grant of family pension of the disappeared husband/father
merit consideration.
7] Mr. C.K.S. Baruah, learned Government Advocate,
and Ms. D.S. Neog, learned Standing Counsel, Irrigation
Department, does not dispute the position that under Rule
143 A of the Pension Rules, 1969, there is a procedure for
grant of family pension to the family members of a
disappeared employee.
8] Having heard the learned counsels for both the
parties and having taken note of Rule 143 A of the Pension
Rule, 1969, it appears that in the event a government
employee who suddenly disappears leaving his family and
whose whereabouts are not known, the family members of
such disappeared employee is entitled to receive the benefits
of family pension, death cum retirement benefits, gratuity, etc
as provided under the provision of Rule 143 A of the Pension
Rule, 1969.
9] Apt at this juncture to refer to Rule 143 A of the
Pension Rule, 1969, which read as under:
"PROCEDURE FOR FAMILY PENSION IN CASE
OF DISAPPEARANCE OF GOVT. SERVANT
143 A- The family pension and death-cum-
retirement gratuity to the families of Government
servant who suddenly disappears leaving their
families and whose whereabouts are not known shall
be granted after observing the following formalities-
(1) When an employee disappears leaving his family,
the family may be paid in the first instance the amount
of salary due, leave encashment due and the amount of
G.P.F having regard to the nomination made by the
employee.
(2) After the elapse of a period one year as provided
under sub-rule (5) below, other benefits like death-cum-
retirement gratuity/family pension may also be granted
to the family subject to the fulfilment of conditions
prescribed in the following sub-rules,
(3) The above benefits may be sanctioned by the Head
Offices after observing the following formalities-
(i) The family of disappeared employee must lodge a
report with the concerned police station and obtain a
report, that the employee has not been traced after all
efforts had been made.
(ii) An Indemnity Bond as per Annexure-I shall be
taken from the nominees/dependents of the employee
that all payments shall be adjusted against the
payment due to the employee in case he appears on
the scene and makes any claim.
(4) The head of Offices shall assess all Government
dues outstanding against the Government servant and
effect their recovery in accordance with the provisions
laid down in clause 7 P.14/86/23, dated (seven) of the
Office Memorandum No. 26.5.87 and other instructions
in force for effecting recovery of the Government dues.
(5) The date of disappearance of the employee shall be
reckoned from the date of issue of the report by the
concerned police station stating that the employee has
not been traced out after all efforts had been made and
the period of 1 (one) year after which the benefits of
family pension and Death-cum-Retirement Gratuity are
to be sanctioned shall also be reckoned from this date.
(6) The family should apply to the Head of Office of the
Government servant for grant of family pension and
Death-cum-Retirement gratuity after 1(one) year from the
date of disappearance of the Government servant in
accordance with the prescribed procedure for sanction of
family pension and death-cum-retirement gratuity as
contained in OM No.FMP.14/86/23. dt.26.4.87.
(7) Other rules and procedures of the Assam Services
(Pension) Rules, 1969 shall apply in setting the cases
under this rule wherever necessary."
10] Reading the aforesaid rule, it is apparent that a
mechanism is prescribed for applying for family pension and
other death cum retirement benefits by the family members
of the disappeared employees. It further appears that out of
the preconditions to be fulfilled, one of the condition is that
the family of a disappeared employee must lodge a report
with the concerned police station and obtain a report that the
employee has not been traced after all efforts have been
made.
11] It appears that in the case at hand, the writ
petitioner No. 1 has reported to the jurisdictional police
station as regards her husband being missing since
29.04.2013, and thereafter an enquiry was conducted. It
further appears from the police report enclosed as Annexure-
4 to the writ petition that the husband of the writ petitioner
No. 1 was not found till the date of submission of the said
report.
12] Be that as it may, since there is a specific provision
under Rule 143 A of the Pension Rule, 1969, to provide family
pension to the family members of the disappeared employee,
I am thus of the considered view that this writ petition can be
disposed of in the interest of justice by giving liberty to the
writ petitioners to file representation afresh before the
respondent No. 3 with all the relevant documents in terms of
Rule 143 A of the Pension Rules, 1969, and as and when the
same is filed, the respondents, more particularly the
respondent No. 3, shall consider the same within 4 (four)
weeks from receipt of such representation in accordance with
the provision contained in Rule 143 A of the Pension Rule,
1969, and to pass necessary order thereof.
13] Ordered accordingly.
14] The writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
