Neeta Boruah v. The State of Assam and 3 Ors

ORDER

17.08.2023 Heard Mr. S Borthakur, learned counsel for the petitioner and Ms. D Das Barman, learned Government Advocate, Assam for the respondent Nos. 1 & 4. Also heard Ms. D Mushahary, learned Standing counsel, Department of School (Secondary) Education, Assam for the respondent Nos. 2 & 3.

¶2The petitioner was appointed as a Subject Teacher on 28.05.1987 at Jajori Higher Secondary School in the district of Tinsukia. Thereafter, by order dated 25.06.1997 she was transferred to Panitola Higher Secondary School, District-Tinsukia.

¶3Later, by an order dated 02.05.2017 the petitioner was appointed as Principal of Panitola Higher Secondary School, District-Tinsukia and she joined her said post on

03.05.2017.

¶4The petitioner on attaining the age of superannuation at 60 years retired from service on 31.05.2022 as Principal of said Panitola Higher Secondary School, District-Tinsukia.

¶5It is stated before the Court that she has neither been paid her provisional pension nor the final pension and other retirement benefits like Leave Encashment Benefit, Gratuity, Group Insurance Scheme etc. in spite of her approach.

¶6Being aggrieved, the petitioner has preferred this writ petition on 26.07.2023, praying amongst others, for a direction to the respondent authorities to provide her the pensionary benefits as per her entitlement.

¶7During the deliberation of the matter, Ms. Mushahary, learned Standing counsel, Department of School (Secondary) Education, Assam has placed before the Court a written communication dated 16.08.2023 of the Inspector of Schools, Tinsukia District Circle, Page No.# 3/4 Tinsukia, respondent No. 3 stating that the petitioner took back her Service Book on

24.03.2023 and since then the same is in her custody, which she has not yet returned so as to prepare the pension proposal with regard to the pensionary benefits payable to her.

¶8It is also stated before the Court that due to non-submission of the required documents as well as the Service Book by the petitioner, her pension proposal could not be processed.

¶9It is further placed before the Court by the said Inspector of Schools, Tinsukia that on

16.08.2023 the said authority communicated to the petitioner directing her to return her Service Book.

¶10As such, it is seen that at the time of filing of this writ petition on 26.07.2023, the petitioner was holding her Service Book.

¶11After hearing the learned counsels for the parties and considering the entire aspect of the matter, this writ petition is disposed of directing the petitioner to submit her Service Book in original before the Inspector of Schools, Tinsukia District Circle, Tinsukia forthwith on or before 22.08.2023 and to submit all the relevant documents, her signature, photograph etc. that are required from her end to prepare the necessary pension proposal for payment of pensionary benefits to her.

¶12The petitioner shall also provide her address, Telephone Number, Mobile Number, E-mail address before the Inspector of Schools, Tinsukia District Circle, Tinsukia within the date as specified above, so that whatever documents/ photographs/signature etc. that are required for her pension proposal could be communicated to her by the said authority.

¶13After receipt of her Service Book and the relevant documents to be submitted by the petitioner on or before 22.08.2023 as directed above, the Inspector of Schools, Tinsukia District Circle, Tinsukia along with the Principal/in-charge Principal/Vice-Principal of Panitola Higher Secondary School, District-Tinsukia shall prepare the pension proposal of the petitioner and shall submit the same before the Directorate of Pension, Assam on or before 30.09.2023, subject to submission of the Service Book and the relevant documents by the petitioner before the Inspector of Schools, Tinsukia District Circle, Tinsukia on or before 22.08.2023.

¶14The Directorate of Pension, Assam, respondent No. 4 on receipt of the pension Page No.# 4/4 proposal of the petitioner from the Inspector of Schools, Tinsukia District Circle, Tinsukia shall process the same and disburse the Final Pension Pay Order and other pensionary benefits payable to the petitioner within a period of 3 months i.e., on or before 30.12.2023, if there is no mistake/wrong on such pension proposal of the petitioner.

¶15In the meanwhile, the petitioner shall be paid her provisional pension and other pensionary benefits by the Inspector of Schools, Tinsukia District Circle, Tinsukia in accordance with law as per her entitlement, if there is no other impediment in releasing the same to her.

¶16The petitioner shall submit the certified copy of this order before the Inspector of Schools, Tinsukia District Circle, Tinsukia as well as the Directorate of Pension, Assam forthwith.

¶17With the above observation and direction, this writ petition stands disposed of.

¶18Copy of the written communication dated 16.08.2023 of the Inspector of Schools, Tinsukia District Circle, Tinsukia placed before the Court by Ms. Mushahary, learned Standing counsel, Department of School (Secondary) Education, Assam be kept as part of the record.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010161692023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4228/2023o NEETAoBORUAHo W/O-oRAMoKR.oCHANGMAI,o R/O-oCOLLEGEoROAD,oPARBOTIA,o P.O.oANDoP.S.-oTINSUKIA,o DISTRICT-oTINSUKIA,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo3oORS.o REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o PUBLICoPENSIONoGRIEVANCEoCELLoDEPARTMENT,o SACHIVALAYA,oDISPUR,o GUWAHATI-o781006. 2:THEoDIRECTOR oSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-o781016. 3:THEoINSPECTORoOFoSCHOOLS oTINSUKIAoDISTRICToCIRCLE oDISTRICT-oTINSUKIA oASSAM. 4:THEoDIRECTORoOFoPENSION oASSAM oHOUSEFEDoCOMPLEX oDISPUR o GUWAHATI-o781006o Page No.# 2/4 Advocate for the Petitioner : MR S BORTHAKUR Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK