Jamini Deka vs The State Of Assam And Othrs
2026 Latest Caselaw 925 Gua

Gauhati High Court

Jamini Deka vs The State Of Assam And Othrs on 9 February, 2026

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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
                  THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                   ORDER

09.02.2026

1. Heard Ms. B Bhuyan, learned counsel for the petitioner. Also heard Mr. B Gogoi, learned Additional Advocate General, Assam and Mr. D Nath, learned Senior Government Advocate.

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 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, Page No.# 4/6

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 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 Page No.# 5/6

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. Mr. B Gogoi, learned Additional Advocate General, Assam has completed his instruction and submits that as there is no provision of issuance of duplicate PPO under the Pension Rules, the Director of Pension has sought a clarification from the State in Finance Department with the further proposal that in such a circumstances, amendment of Rules may be necessary. Such request is pending consideration at this stage before the Government in Finance Department.

4. However, it is not in dispute that the concerned Treasury Officer can issue duplicate copy of disbursal portion of PPO.

5. That being the process and as agreed to by the learned counsel for the parties, more particularly, taking note of pressing need of release of the family pension to the petitioner, as an interim measure, this court directs the Treasury Officer, Nalbari to calculate the family pension and accordingly issue a duplicate PPO of disbursal portion and same may be forwarded to the Director of Pension as well as to the concerned disbursing bank reflecting the name of the petitioner in the disbursal portion of the PPO.

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6. So far relating to issuance of duplicate PPO, the Treasury Officer had already sought necessary date relating to the enhanced family pension rate and normal family pension rate etc. by its communication dated 15.02.2025.

7. The Director of Pension shall provide necessary co-operation so that entire interim arrangement for payment of monthly family pension to the petitioner is completed within a period of four weeks.

8. In the meantime, Mr. Gogoi, learned Additional Advocate General, Assam as well as Mr. D Nath, learned Senior Government Advocate may complete their instruction as regards the provision of issuance of duplicate PPO of the pensioner portion.

9. List this matter again on 07.03.2026 for further consideration.

JUDGE

Comparing Assistant