Nasiyatan Bibi @ Nasia Bewa v. The State of Assam and 2 Ors

ORDER

23.11.2023

Heard Mr. H. Das, learned counsel for the petitioner. Also heard Mr. N. Upadhyay, learned Standing Counsel, Irrigation Department for the respondent nos. 1 & 2 and Mr. R.K. Talukdar, learned Standing Counsel, Accountant General (A&E) for the respondent no.3. By order dated 21.09.2023 the following directions were passed: "……..

¶18Mr. N Upadhay, learned Standing counsel, Irrigation Department on instruction has submitted that the State Government in the Irrigation Department after approving the family pension proposal payable to the petitioner, namely, Nasiyatan Bibi, 2nd wife of said late Majal Hoque forwarded by the Executive Engineer, Dhubri Division (Irrigation), Gouripur, shall forward the same to the Office of the Principal Accountant General (A&E), Assam shortly.

¶19While forwarding the family pension proposal payable to the petitioner, namely, Nasiyatan Bibi, 2nd wife of late Majal Hoque on the death of his first wife Fatema Bewa, the respondents in the Irrigation Department shall specify the date on which the petitioner submitted her application for family pension along with the Death Certificate of said Fatema Bewa, his 1st wife as indicated in the letter dated 05.12.2020 (Annexure-6 to this petition) of the Executive Engineer, Dhubri Division (Irrigation), Gouripur.

¶20While finalizing the family pension proposal payable to the petitioner, the respondents in the Principal Accountant General (A&E), Assam shall consider to provide the said benefit of family pension to Nasiyatan Bibi, being 2nd wife of late Majal Hoque on the death of his first wife Fatema Bewa from the date of her application before the Executive Engineer, Dhubri Division (Irrigation), Gouripur as provided under Rule 205 of the said 1969 Rules. Page No.# 3/3

¶21List on 23.11.2023, enabling the respondents in the Irrigation Department as well as Accountant General (A&E), Assam to apprise the Court about the up-to-date status of payment of family pension to the petitioner.'' The matter was fixed today for apprising this Court about the up-to-date status of payment of the family pension of the petitioner. Today when the matter is called up, learned Standing Counsel, Accountant General (A&E) has produced a communication dated 21.11.2023 issued to the Treasury Officer, Dhubri Treasury requesting the Treasury Officer to read the Date of Commencement of the family pension in respect of the petitioner from the date of application which is 05.12.2020 instead of 09.05.2013. The said communication was requested to be treated as a letter of authority. In view of the communication dated 21.11.2023 placed before the Court and submissions made by the learned Standing Counsel for the respondents, this Court is of the opinion that the grievances of the petitioner have been redressed and therefore, no further cause survives to pursue the writ petition any further. In terms of the above, the writ petition stands disposed of. Interim order, if any, stands vacated. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010166562022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5456/2022o NASIYATANoBIBIo@oNASIAoBEWAo W/O-oLATEoMAJALoHOQUEo,o P/R-oVILLAGEoGERAMARIoPART-II,o(BALADoMARA),o P.O-oGERAMARI,o P.S-oGAURIPUR,o DIST-oDHUBRI,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oIRRIGATIONoDEPARTMENT,oDISPUR,o GUWAHATI-06 2:THEoEXECUTIVEoENGINEER oDHUBRIoDIVISIONo(IRRIGATION) oGAURIPUR 3:ACCOUNTANToGENERALo(AoANDoE) o oASSAM oMAIDAMGAON oBELTOLA oGUWAHATI-781029o AdvocateoforotheoPetitionerooooo:oMRoHoDASo AdvocateoforotheoRespondento:oSC,oIRRIGATIONoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA