Nurun Nehar Begum v. The State of Assam and 7 Ors

ORDER

18.11.2024

¶1Heard Mr. M. Islam, learned counsel for the petitioner. Also heard Mr. S. Page No.# 3/4 Dutta, learned Standing Counsel, P&RD Department, Mr. R. Dhar, learned Additional Senior Government Advocate for the State respondents and Mr. A. Chaliha, learned Standing Counsel, Finance Department.

¶2By way of this petition under Article 226 of the Constitution of India, the petitioner is seeking direction for payment of the pension w.e.f. the date of death of the petitioner's husband by considering the total length of service of the petitioner's husband reckoned from the date of his initial appointment, i.e. on 16.12.1993 in the service of the Panchayat till his date of death on

22.07.2022, in terms of the judgment and order dated 24.03.2010 passed in WA No.145/2009 and the judgment and order dated 05.08.2023 passed in WA No.133/2023.

¶3It is submitted at the Bar that the issue involved in this writ petition is squarely covered by the judgment and order of this Court in the case of Nur Hussain Mollah vs. The State of Assam & Others in WP(C) 4397/2022, wherein this Court by judgment and order dated 05.08.2022 was pleased to direct the respondents in the P&RD Department to pass necessary orders on the entitlement of the petitioner for pension by taking note of the law laid down by the Division Bench in WA No.145/2009. It appears that against the aforesaid judgment and order of the learned Single Judge, the State respondents had preferred a writ appeal, being WA No.133/2023, which was dismissed by the Division Bench of this Court on 05.08.2023 by upholding the said judgment and order of the learned Single Judge of this Court dated 05.08.2022. It further appears that against the judgment and order of the Division Bench, an SLP being Special Leave Petition (Civil) Diary No(s). 24107/2024 was preferred Page No.# 4/4 before the Apex Court, which was also dismissed by the Apex Court, vide judgment and order dated 19.07.2024. It thus appears that the decision of the learned Single Judge in WP(C) 4397/2022 stands affirmed.

¶4In view of the above, I am inclined to dispose of this writ petition in similar line as that of judgment and order dated 05.08.2022 passed in WP(C) 4397/2022. Resultantly, the respondents P&RD Department are directed to pass necessary order on the entitlement of the petitioner for pension by taking note of the aforesaid judgment and order dated 05.08.2022 passed in WP(C) 4397/2022 and the Division Bench judgment and order dated 05.08.2023 passed in WA 133/2023.

¶5The writ petition accordingly stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010052072024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1472/2024o NURUNoNEHARoBEGUMo W/O-oLATEoABDULoBASID,o VILLAGE-oPATIALPARA,o PO-oBHAWRAGURI,o DISTRICT-oKOKRAJHAR,oASSAM,o PIN-o783370. VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo REPRESENTEDoBYoITSoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM,o PANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT,o DISPUR,oGUWAHATI-6. 2:THEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOFoASSSAM oPENSIONoANDoPUBLICoGRIEVANCESoDEPARTMENT oASSAM oDISPUR oGUWAHATI-6. 3:THEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-6. 4:THEoCOMMISSIONER oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT oJURIPAR oPUNJABARI oGUWAHATI-37. Page No.# 2/4 5:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX GUWAHATI-6. 6:THE CHIEF EXECUTIVE OFFICER ZILLA PARISHAD SOUTH SALMARA MANKACHAR PO- FEKAMARI DISTRICT- SOUTH SALMARA MANKACHAR ASSAM PIN- 783135. 7:THE CHIEF EXECUTIVE OFFICER ZILLA PARISHAD DHUBRI P.O. AND DISTRICT- DHUBRI ASSAM PIN- 783301. 8:THE TREASURY OFFICER SOUTH SALMARA MANKACHAR TREASURY HATSINGIMARI PO- FEKAMARI DISTRICT- SOUTH SALMARA MANKACHAR ASSAM PIN- 783135 Advocate for the Petitioner : MR. M ISLAM, MS A KHATUN Advocate for the Respondent : SC, P AND R.D., GA, ASSAM,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI