Chandra Kanta Basumatary v. The State of Assam and 5 Ors

ORDER

22.09.2023 Heard Mr. B Islam, learned counsel for the petitioner and Mr. P N Sharma, learned Standing counsel, Department of School Education, Assam for the respondent Nos. 1 & 2. Also heard Mr. S R Rabha, learned Standing counsel, BTC for the respondent Nos. 3 & 7 as well as Mr. B Deuri, learned Government Advocate, Assam for the respondent Nos. 5 & 6.

¶2The petitioner, Chandra Kanta Basumatary, Senior Assistant of Banimandir High School, Charaimari, District-Baksa on attaining the age of superannuation at 60 years retired from service 31.03.2022.

¶3Due to non-receipt of pensionary benefits, the petitioner has preferred this writ petition.

¶4Mr. S R Rabha, learned Standing counsel, BTC has apprised the Court that after his Page No.# 3/3 retirement from service on 31.03.2022, the petitioner has been paid his Provisional Pension @ Rs. 16,070/- per month, Relief of Rs. 5454/- per month and Medical Allowance @ Rs. 600/- month that was to be adjusted from the final Pension Pay Order to be issued in favour of the petitioner by the Directorate of Pension, Assam.

¶5On instruction, Mr. Rabha, learned Standing counsel, BTC has also placed before the Court that after necessary deduction of Rs. 55,000/-, provisional Death-cum-Retirement-Gratuity of Rs. 5,01,469/- was paid to him way back in July, 2022 and further, an amount of Rs. 42,494 towards Group Insurance Scheme with interest was also paid to him in July, 2022.

¶6Mr. B Deuri, learned Government Advocate, Assam appearing on behalf of the Directorate of Pension, Assam by placing a communication dated 20.12.2022 issued by the Directorate of Pension, Assam has apprised the Court that the Final Pension Pay Order No. ADP/PPO/GPO/ 2022/K004546 had already been issued in favour of the petitioner, retired Senior Assistant of Banimandir High School, District-Baksa for his regular pension @ Rs. 16,620/- per month w.e.f. 01.04.2022 and in that regard the Directorate of Pension, Assam on 20.12.2022 communicated to the Treasury Officer, Mushalpur, Baksa, intimating the petitioner about the same.

¶7Since the petitioner has already been paid his regular pension and other benefits like DCRG, GIS etc., nothing remains in this writ petition to be adjudicated.

¶8Accordingly, for the reasons above, this writ petition stands disposed of.

¶9However, if the petitioner has any grievances regarding non-payment any other pensionary dues by the respondent authorities, he may approach the appropriate forum for redressal of his grievances.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010161612022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5322/2022o CHANDRAoKANTAoBASUMATARYo SONoOFoLATEoCHANDIoCHARANoBASUMATARY,o RESIDENToOFoVILLAGEoANDoP.O.-oNIKASHI,o P.S.-oMUSHALPUR,o DISTRICT-oBAKSA,o ASSAM,oPIN-o781372. VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo TOoBEoREPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFo ASSAM,oSECONDARYoEDUCATIONoDEPARTMENT,oDISPUR,oGUWAHATI-6. 2:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19. 3:THEoINSPECTORoOFoSCHOOLS oBAKSAoDISTRICToCIRCLE oMUSHALPUR oDISTRICT-oBAKSA oASSAM. 4:THEoHEADoMISTRESS oBANIoMANDIRoHIGHoSCHOOL oCHARAIMARI oP.O.oCHARAIMARI o DISTRICT-oBAKSA oASSAM oPIN-o781377. Page No.# 2/3 5:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT DISPUR GUWAHATI-6. 6:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX CENTRAL BLOCK SIXTH FLOOR BELTOLA ROAD HOUSEFED GUWAHATI- 781006. 7:THE DIRECTOR OF SECONDARY EDUCATION B.T.C KOKRAJHA Advocate for the Petitioner : MD B ISLAM Advocate for the Respondent : SC, SEC. EDU. BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK