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Gauhati High Court
Jamini Deka vs The State Of Assam And Othrs on 2 February, 2026
Page No.# 1/6
GAHC010185622025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4843/2025
JAMINI DEKA
W/O- LATE NANDI RAM DEKA, R/O- VILLAGE- UKHURA, NALBARI ,
BARBHAG, P.O AND P.S- KAMARKUCHI, PIN-781347, ASSAM
VERSUS
THE STATE OF ASSAM AND OTHRS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM, PENSION AND PUBLIC GRIEVANCE DEPARTMENT
ASSAM, DISPUR, GUWAHATI-6
2:ADDITIONAL SECRETARY
TO THE GOVT OF ASSAM
ART AND P AND PG (ADMINISTRATIVE REFORMS
TRAINING
PENSION AND PUBLIC
GRIEVANCES DEPARTMENT) DISPUR
GUWAHATI-06
3:THE COMMISSIONER AND SECRETARY
TO THE GOVERNMENT OF ASSAM
EDUCATION DEPARTMENT
ASSAM
DISPUR
GUWAHATI-6
4:THE COMMISSIONER AND SECRETARY
TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
ASSAM
Page No.# 2/6
DISPUR
GUWAHATI-6
5:THE ACCOUNTANT GENERAL ( A AND E)
MAIDAMGAON
BELTOLA
GUWAHATI-29
6:THE DIRECTORATE OF PENSION
GOVERNMENT OF ASSAM
HOUSEFED COMPLEX
CENTRAL BLOCK
6TH FLOOR
DISPUR
PIN- 781006
KAMRUP METRO
ASSAM
7:THE TREASURY OFFICER
NALBARI
TREASURY OFFICE PIN-781335
8:FINANCE AND ACCOUNTS OFFICER
DIRECTORATE OF PENSION
ASSAM
PIN-781005
9:CHIEF MANAGER
SBI
CENTRALIZED PENSION PROCESSING CENTER
LOKHRA CHARIALI
GUWAHATI-34
10:THE STATE BANK OF INDIA
BRANCH MANAGER
KALAG BRANCH (07006)
P.O- KALAG
DIST- NALBARI
ASSAM
PIN-78135
Advocate for the Petitioner : NIRMALA CHOUDHURY, MS. J SAIKIA,MS R DAS,MR J DAS,P
BHOWMICK,MS. B BHUYAN
Advocate for the Respondent : GA, ASSAM, MS S DEY(R-9,10),MR. K K NANDI (R-9,10),SC,
ELEM. EDU,SC, FINANCE
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BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 02.02.2026
1. Heard Ms. B Bhuyan, learned counsel for the
petitioner. Also heard Ms. M Bhattacharya, learned Government
Advocate appearing for respondent Nos.1, 2 & 6, Mr. A Phukan,
learned counsel for respondent No.3, Mr. A Chaliha, learned
counsel for respondent Nos.4 & 7 and Mr. K K Nandi, learned
standing counsel, State Bank of India.
2. This court passed the following order on 24.11.2025,
which is quoted as below:-
1. "The husband of the petitioner who was
a retired government servant, was drawing his
regular pension under PPO No.E/9020 till August,
2023, more particularly, till 07.06.2023, on which
date the pensioner expired. The petitioner has
approached this court by filing this writ petition for
continuance of her family pension.
2. From the materials available on record,
what transpires is that the original PPO kept under
the custody of the pensioner was lost and is
supported by a police report.
3. According to the Bank, the second part
of the PPO kept with the disbursing Bank was
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handed over to the Treasury Officer, Nalbari, based
on a communication dated 17.03.2010 issued under
the signature of the Treasury Officer addressed to
the Branch Manager, State Bank of India, Kalag
Branch.
4. Subsequently, when the petitioner made
the claim, the Branch Manager of Kalag Branch
requested the Treasury Officer, Nalbari treasury to
forward a duplicate copy of the PPO so that the
Bank can continue to disburse the family pension.
5. Similar request was made to the Director
of Pension by the Branch Manager under its
communication dated 17.05.2024 citing that the
Bank is unable to disburse the pension as both the
disbursers and pensioners portion of PPO is lost.
Accordingly a "LOSS CERTIFICATE" was also issued
by the CPPC, SBI, Guwahati and the police report
issued by Kamarkuchi Outpost ascertaining such loss
was also forwarded to the Director of Pension.
6. Subsequently, the Director of Pension
intimated the employer of the deceased husband of
the petitioner that though in terms of Treasury
Amendment Rules, 2017 a Treasury Officer is
authorized to issue duplicate PPO of pensioner half
but there is no provision to issue duplicate PPO of
disbursers half from the Treasury as well as from the
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Director of Pension.
7. It was recorded in the said
communication dated 19.02.2025 that the Treasury
Officer, Nalbari informed that they could not locate
the PPO register book of that period and the original
file could not be traced out. Subsequently, the Addl.
Secretary to the Govt. of Assam, ARTPPG
Department by its communication dated 18.06.2025
requested the Director of Pension to trace out the
original file in respect of the PPO in question for
issuance of duplicate disburser's half as per rules.
8. The matter stands at this stage and the
petitioner is deprived of her family pension though
there is no dispute as regards her entitlement of
family pension.
9. At this stage Mr. B Gogoi, learned
Additional Advocate General representing the
Treasury Officer as well as Mr. G Pegu, the Director
of Pension seeks some time so as to complete the
entire exercise so that it can be ensured that the
petitioner is paid family pension.
10. List this matter for further hearing on
28.11.2025 as part heard.
3. Ms. M Bhattacharjee, learned counsel representing the
Director of Pensions, Assam submits that the Director vide its
communication dated 20.12.2025, sought approval for issuance of
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both halves of PPO in respect of the petitioner, wife of the
deceased government servant.
4. Thus the entire process as directed earlier is completed
and they are awaiting for approval from the ARTPPG Department
and once such approval is received, they can issue the PPO to the
concerned Treasury Officer which will facilitate the release of the
family pension to the petitioner.
5. Such communication was issued on 20.12.2025,
however, there is no instruction as regards the approval thereof.
6. Let this matter be listed again on 03.02.2026.
7. Ms. M Bhattacharya, learned counsel shall complete her
instructions from the ARTPPG Department in this regard. Ms.
Bhattacharya is directed to furnish a copy of this order
downloaded from the website.
JUDGE
Comparing Assistant
