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GAHC010181342021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5863/2021
BIBI DEKA
D/O LATE KHUDI RAM DEKA
RESIDENT OF NIZARAPAR, PO AND PS JAGIROAD, DIST MORIGAON,
ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT,
DISPUR GUWAHATI 06
2:THE SECRETARY COMMISSIONER
FINANCE DEPARTMENT
GOVT. OF ASSAM
DISPUR GUWAHATI
3:THE DEPUTY COMMISSIONER
MORIGAON. ASSAM
4:THE ACCOUNTANT GENERAL
ASSAM (A AND E)
MAIDAMGAON
GUWAHATI
5:THE CIRCLE OFFICER
MORIGAON REVENUE CIRCLE
MORIGAON
ASSA
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Advocate for the Petitioner : MR. P J SAIKIA, MS D DUTTA
Advocate for the Respondent : GA, ASSAM, SC, AG,SC, REVENUE,SC, FINANCE
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 30.09.2024
Heard Mr. P. J. Saikia, learned counsel for the petitioner. Also
heard Ms. M. Bhattacharjee, learned Additional Senior Government
Advocate for the State respondent, Mr. S. Dutta, learned Standing
Counsel for Revenue Department, Ms. H. Baruah, learned counsel on
behalf of Mr. P. Nayak, learned Standing Counsel for Finance
Department and Mr. R. K. Talukdar, learned Standing Counsel, AG.
By way of this petition under Article 226 of the Constitution of
India, the petitioner is seeking a direction to the respondents to
provide family pension entitled to the petitioner being an unmarried
daughter of Late. Khudi Ram Deka, ex Mandal as per Assam Services
(Pension) Rules, 1969 and amendment made under it with effect from
19.01.2014 when mother of the petitioner Kakili Deka expired while
receiving pension of her deceased father.
Mr. Saikia, learned counsel for the petitioner submits that since
the claim of the family pension was not being given to the petitioner
upon the demise of her mother, the present writ petition was filed.
Ms. M. Bhattacharjee, learned Additional Senior Government
Advocate submits that as per the insturcitons received, due to want of
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necessary enclosures and details in the representation filed by the
petitioner, the same could not be considered. However, she submits
that if the necessary particulars area available, there is no impediment
for the respondent authorities to consider the case of the petitioner.
However, Mr. Saikia, learned counsel for the petitioner further
submits that the petitioner has in the meantime submitted a
representation enclosing all the necessary documents and particulars.
In view of the aforesaid endorsement made by the learned
counsel for the parties, this Court deems appropriate to dispose of this
writ petition with direction that if the representation of the petitioner is
received for grant of family pension along with all the necessary
particulars and details, the same shall be proceeded in accordance
with law.
It is needless to clarify that the entire exercise shall be
completed by the respondents within a period of 3 (three) months
from the date of receipt of the certified copy of the order.
Disposed of.
JUDGE
Comparing Assistant