Masud Ahmed Laskar v. The State of Assam and 6 Ors

ORDER Date : 06.02.2024

Heard Mr. J. I. Borbhuiya, learned counsel for the petitioner. Also heard Ms. M. D. Borah, learned standing counsel, Industries and Commerce department.

¶2This writ petition is preferred by the petitioner praying for release of his pension pursuant to rendering his regular service and superannuating from the Industries and Commerce department on 31.10.2020. Petitioner rendered 25 years of service and is therefore, entitled for grant of pension.

¶3The affidavit filed by the department reflects that the final pension proposal of the petitioner is subjudice before a Co-ordinate Bench in WP(C)/997/2010, against which a writ appeal being Writ Appeal No. 253/2013 is also pending and therefore, the steps could not be undertaken to process the claims of the petitioner for pension and other retirement benefits. Page No.# 3/4

¶4On earlier dates the matters were adjourned to enabling both the counsels to apprise the Court as to the status of the writ appeal. Today when the matter is called up, both the learned counsels submits that the the writ appeal being Writ Appeal No. 253/2013 was disposed of, remanding the writ petition WP(C)/997/2010 back to the learned Single Judge for re-deciding the issue.

¶5The Co-Ordinate Bench by Judgment and Order dated 20.09.2023 dismissed the writ petition challenging the initial appointment of the writ petitioner and other similarly situated persons came to be dismissed.

¶6Ms. M. D. Borah, learned counsel for the department submits on instructions that since the writ petition have been dismissed and the order has been communicated to the department, the steps have been taken for facilitating the release of the petitioner's pension and other retiral benefits.

¶7Mr. J. I. Borbhuiya, learned Counsel for the petitioner does not dispute this submission. He submits that the writ petition can be closed with a direction to the respondents to expedite the process of release of pension.

¶8Having heard the learned counsels for the parties and upon due consideration of the submissions made, this court is of the view that since the department counsel has expressed no impediment in completion of the steps taken for release of pension and other retirement benefits, this writ petition can be closed taking into considerations the submissions made. Accordingly, writ petition is disposed of with a direction to the respondent Nos. 1, 2, 3 and 4 to expedite the process of finalizing the pension papers and forward the same to the office of the Accountant General, who in turn will process and endeavour to release the pension as expeditiously as possible as per provision of law.

¶9The instructions received by the department counsel is placed before the Page No.# 4/4 Court, which is kept on record.

¶10This entire exercise be completed within a period of 60 (sixty) days from the date of receipt of a certified copy of this order.

¶11Writ petition is accordingly disposed of. No order as to cost.

¶12Interim orders, if any stands vacated.

¶13Any pending I/As stands dismissed. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010075582022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2696/2022o MASUDoAHMEDoLASKARo S/O-oLT.oSAMSUDDINoLASKAR,oR/O-oAMBIKAPPATTY,oHITESHoBISWASo ROAD,oSILCHAR,oP.O.-oSILCHAR,oP.S.oSILCHAR,oDIST.-oCACHAR,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oINDUSTRIESo ANDoCOMMERCEoDEPTT.,oDISPUR,oGHY.-6. 2:THEoCOMMISSIONERoOFoINDUSTRIESoANDoCOMMERCE oASSAM oUDYOGoBHAWAN oBAMUNIMAIDAM oGHY.-o21. 3:THEoDIRECTOR oO/OoTHEoCOMMISSIONERoOFoINDUSTRIESoANDoCOMMERCE oASSAM oUDYOGoBHAWAN oBAMUNIMAIDAM oGHY.-21. 4:THEoGENERALoMANAGER oDIST.oINDUSTRIESoANDoCOMMERCEoCENTRE CACHAR oSILCHAR oASSAM. 5:THEoACCOUNTANToGENERALo(AoANDoE) oMOIDAMGAON oBELTOLA Page No.# 2/4 ASSAM. 6:THE SENIOR ACCOUNTS OFFICER O/O THE PRINCIPAL ACCOUNTANT GENERAL (A AND E) ASSAM MOIDAMGAON BELTOLA DIST.- KAMRUP ASSAM. 7:THE TREASURY OFFICER SILCHAR CACHAR ASSAM Advocate for the Petitioner : MR. J I BORBHUIYA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA