Damayanti Das v. The State of Assam and 7 Ors

ORDER

24.04.2024. Heard Shri H Gupta, learned counsel for the petitioner and Shri D Bora, learned State Counsel, Assam. Also heard Shri P Nayak, learned Standing Counsel, Finance Department, Assam as well as Shri C Boruah, learned Standing Counsel, Accountant General, Assam.

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¶2The instant writ petition has been filed with two prayers. The first prayer pertains to a claim for family pension and the second is with regard to the pension in lieu of compassionate appointment in terms of the Office Memorandum dated 14.09.2017.

¶3It is the case of the petitioner that her husband, Parameswar Das, who was working as a Constable (B) in the Assam Police, had died on 09.04.2017 whereafter the issue regarding payment of family pension and also the compassionate pension in lieu of appointment on compassionate ground were pending.

¶4This Court, however, has been apprised that during the pendency of this case, the family pension has been released to the petitioner which has also been received. In this regard Shri Borua, learned Standing Counsel, AG has placed on record a copy of the communication dated 26.06.2020 towards release of the family pension.

¶5With regard to the other aspect of the matter, the attention of this Court has been drawn to the notification dated 14.09.2017, more particularly, Clause

5.3 thereof which reads as follows:

"5.3. Where the employee dies before superannuation, the family pension equal to 100% of the last pay drawn by the deceased employee be paid for a period up to the date of deemed superannuation of the deceased employee i.e., the date on which the employee would have superannuated had he been alive. This Page No.# 4/5 would compensate the loss of family income to a large extent and fulfill the requirement of compassionate conditions arising out of the death of the serving employee."

¶6Shri Gupta, learned counsel for the petitioner by referring to the clarificatory clause 5.11 submits that the benefit of the said notification would be applicable to the petitioner.

¶7As regards the aforesaid claim, the learned counsel for the respondents by referring to the written instructions dated 16.03.2024 and the annexures thereto has submitted that from the said annexure, it appears that even the compassionate family pension has been paid.

¶8However, Shri Gupta, learned counsel for the petitioner is not equipped with such instructions.

¶9This Court is of the opinion that to apply the aforesaid clause, an incumbent is required to make appropriate representation with necessary testimonials.

¶10Accordingly, the writ petition is closed by directing that in case, the compassionate family pension is not paid to the petitioner, the petitioner would file a proper application under the aforesaid clause of the notification dated

14.09.2019

claiming

for

compassionate

pension.

The

said representation/application is directed to be considered and appropriate action be taken as expeditiously as possible and in any case, within a period of 4 Page No.# 5/5 months from the date of receipt of such application.

¶11The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010100542018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3466/2018oIn WP(C)/3460/2018o(D/O)o DAMAYANTIoDASo W/O-oLToPARAMESWARoDAS,oEX-CONSTABLEo(BORDER),oEX-S,oR/O-oVILL-o KALITAPARA,oP.O.oBHALUKADOBA,oP.S.oSORBHOG,oDIST-oBARPETA,o ASSAM VERSUSo THEoSTATEoOFoASSAMoANDo7oORS.o REP.oBYoITSoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o HOMEoDEPTT.,oDISPUR-781006 2:THEoSTATEoOFoASSAM oREP.oBYoITSoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oPENSIONoANDoPUBLICoGRIEVANCESoDEPTT. oBLOCK-D o2NDoFLOOR oJANATAoBHAWANo(CIVIL) oDISPUR oGHY-6 3:THEoSTATEoOFoASSAM oREP.oBYoITSoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPTT.o(ESTT-A) oDISPUR oGHY-6 4:THEoADDL.oDIRECTORoGENERALoOFoPOLICEo(BORDER) oHQo(B) oASSAM oBHANGAGARH oSRIMANTAPUR Page No.# 2/5 GHY-32 5:THE SUPERINTENDENT OF POLICE (BORDER) ASSAM SRIMANTAPUR P.O. BHANGAGARH GHY-32 6:THE DY. COMMISSIONER OF POLICE (BORDER) PANBAZAR GHY-1 7:THE ACCOUNTANT GENERAL ASSAM OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GHY-29 8:THE DIRECTOR DIRECTORATE OF PENSION OFFICE OF THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GHY- Advocate for the Petitioner : MR H GUPTA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI