Hiren Nayak v. The State of Assam and 4 Ors

PageoNo.#o1/3 GAHC010167132021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5494/2021o HIRENoNAYAKo S/OoLATEoTAPESWARoNAYAKo RESIDENToOFoVILLAGEoPAKARIBARI,oPOoANDoPSoMAJBAT,oUDALGURI,o DISToUDALGURI,o784114 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVTo OFoASSAM,oTHEoPENSIONoDEPARTMENT,oSACHIVALAYA,oDISPURo GUWAHATIo,oASSAMo781006 2:THEoDIRECTORoOFoPENSION oHOUSEFEDoCOMPLEX oLASToGATE oDISPUR oGUWAHATIo781006 3:THEoFINANCEoANDoACCOUNTSoOFFICER oDIRECTORATEoOFoPENSION oHOUSEFEDoCOMPLEX oDISPURoGUWAHATIo06 4:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATIo19 5:PRINCIPALoSECRETARYoBODOLANDoTERRITORIALoCOUNCIL Page No.# 2/3 KOKRAJHAR ASSAM. PIN-783370 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER DARRANG MANGALDAI. 7:DEPUTY INSPECTOR OF SCHOOLS UDALGURI. PIN-78450 Advocate for the Petitioner : MR. A SARMA, MR J P CHOUHAN Advocate for the Respondent : GA, ASSAM, SC, BTC,SC, ELEM. EDU

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK O R D E R

03.10.2024 Heard Mr. A. Sarma, learned counsel appearing for the petitioner. Also heard Ms. D.D. Barman, learned Government Advocate, Assam appearing for the respondent Nos. 1, 2 & 3, Mr. T. Talukdar, learned Standing Counsel, Department of School (Elementary) Education, Assam, appearing for the respondent No.4 and Mr. S.R Rabha, learned Standing Counsel, BTC, appearing for the respondent Nos. 5, 6 & 7.

¶2Matter relates to non-payment of family pension payable to the petitioner i.e., husband of Daibaki Nayak, an Assistant Primary Teacher of Benganabari Primary School, district-Udalguri, BTC, who died in harness on 23.09.2020.

¶3During the deliberation of the matter, Mr. A. Sarma, learned counsel for the petitioner placed before the Court a copy of the communication of Page No.# 3/3 the Director of Pension, Assam under No.Pen/ADP/PPO/GPO/2023-24/088943 dated 08.04.2024, whereby pension pay order has been issued in favour of the petitioner, husband of sasid Late Daibaki Nayak (expired Assistant Teacher), directing the Treasury Officer, Udalrugi Treasury to pay LTA (Life Time Arrears) @ Rs.15,990/- w.e.f. 01.07.2016 to 23.09.2020 and 100% share from family pension @ Rs.17,700/- w.e.f. 24.09.2020 up to 30.09.2020 and thereafter @ Rs.10,670/- onwards, further directing the petitioner to appear before the Treasury Officer, Udalguri to receive the payment.

¶4Moreover, by the said PPO No.Pen/ADP/PPO/GPO/ 2023-24/088943 dated 08.04.2024, the Director of Pension, Assam directed the Treasury Officer, Udalguri to make necessary payment to the petitioner, husband of said late Daibaki Nayak, (expired Assistant Teacher), the sum of 100% share of Rs.4,35,000/- as DCRG (Death-cum-Retirement Gratuity) on the death of said Daibaki Nayak (expired Assistant Teacher).

¶5As the respondent authorities have already issued the necessary pension pay order in favour of the petitioner, noted above, this writ petition being infructuous, stands dismissed.

¶6A copy of the pension pay order dated 08.04.2024 of the Director of Pension, Assam, noted above, be kept as part of the record.

JUDGE Comparing Assistant