Maya Rani Deb@Maya Rani Dev@Mayarani Dey v. The State of Assam and 3 Ors

ORDER Date : 22.02.2023 Heard Mr.M. Hussain, the learned counsel appearing for the petitioner. Mr. R. Dhar, the learned counsel appears on behalf of the respondent Nos. 1 and 2, Mr. R.K. Talukdar, the learned counsel appears for the respondent No. 3 and Mr.A. Chaliha, the learned counsel appears for the respondent 4. The issue involved in herein pertains to inaction on the part of the respondent authorities in paying the family pension to the petitioner on account of wrong recording in the Pension Payment Order wherein the petitioner's surname has been mentioned as "Dey", which ought to have been "Deb". This Court vide an order dated 23/1/23 had directed the respondent authorities to obtain instructions in the matter thereby fixing on 3/2/2023. On 3/2/2023 Ms. S. Baruah, the learned counsel appearing on behalf of the Deputy Commissioner submitted that she requires some more accommodation. Accordingly the matter has been fixed today. Mr. R. Dhar, the learned counsel appearing for the respondent Nos. 1 and Page No.# 3/4 2 submits that unless the PPO is not corrected, the respondent Nos. 1 and 2 have no role to play. Mr. A. Chaliha, the learned counsel appearing for the respondent No. 4 submits that pursuant to a meeting held by the Treasury Officer along with the office of the Deputy Commissioner, it has been found that unless a corrigendum is not issued by the Accountant General, Assam (A & E) for correction of the Pension Payment Order whereby the surname of the petitioner is corrected from "Dey" to "Deb", the Treasury Officer cannot take steps for issuing instructions to the bank for disbursement of the family pension. I have also heard Mr. R.K.Talukdar, the learned Standing Counsel for the Accountant General (A&E), who submits that in the peculiar facts of the case, directions may be issued for issuance of the Corrigendum to the Office of the Accountant General (A & E) within a time frame. This Court taking into account that in the Pension Payment Order No. 906611207700 the surname of the petitioner has been incorrectly mentioned as "Dey" which ought to have been "Deb" as would appear from the Election Commission of India's Photo Identity Card and Pan Card of the petitioner, this Court directs the Office of the Accountant General (A/E) to forthwith and not later than 15 days from today issue a corrigendum thereby amending the Pension Payment Order to the effect that the petitioner's name be shown as "Maya Rani Deb". Upon issuance of the said corrigendum within the time period as mentioned, the Office of the Accountant General shall forward the corrigendum to the Treasury Officer, Dhubri, who in turn shall forward the said corrigendum to the concerned bank, so that the petitioner can avail the family pension. Page No.# 4/4 In that regard, the petitioner is further directed to approach the Treasury Officer, Dhubri and furnish her bank details. The Registry shall furnish a copy of the instant order to Mr. R.K. Talukdar, the learned Standing Counsel for the Accountant General, Assam (A & E) for compliance. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010008972023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/312/2023o MAYAoRANIoDEB@MAYAoRANIoDEV@MAYARANIoDEYo W/O-oLATEoAMIYAoKUMARoDEBo@oAMIYAoKUMARoDEVo@AMIYAoKUMARo DEY,o R/O-oWARDoNO-15,o R.KoMISSIONoROAD,oDHUBRI,o P.OoANDoP.S-oDHUBRI,o DIST-oDHUBRI,oASSAM,oPIN-783301 VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oGENERALoADMINISTRATIONo(B)oDEPARTMENT,oDISPUR,o GUWAHATI-o781006. 2:THEoDEPUTYoCOMMISSIONER oDHUBRI oASSAM P.OoANDoP.S-oDHUBRI o DIST-oDHUBRI oASSAM oPIN-783301 3:THEoACCOUNTANToGENERALo(oAoANDoE) oASSAMo oMAIDAMGAON oBELTOLA oGUWAHATI-29. 4:THEoTREASURYoOFFICER oDHUBRI oASSAM Page No.# 2/4 P.O AND P.S- DHUBRI DIST- DHUBRI ASSAM PIN-78330 Advocate for the Petitioner : MR. M HUSSAIN Advocate for the Respondent : SC, AG (A AND E) BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH