Jorna Das @ Jorna Rani Das v. Commissioner of Excise and Customs and 5 Ors

ORDER

25.08.2023 Heard Mr. A.M. Barbhuiya, learned counsel for the petitioner. Also heard Mr. S.C. Keyal, learned Standing Counsel, Central Excise and Custom for the respondents.

¶2This writ petition is filed by the petitioner praying for direction to release the family pension and other pensionary benefits to the petitioner on account of death of her husband who died-in-harness while working in the Office of the Deputy Commissioner of Customs, Karimganj. The late husband of the petitioner was working as a Sepoy. The petitioner claims that inspite of her application to the concerned Department seeking release of family pension, the same has not been released. By communication dated 01.01.2019, the petitioner was asked to reply certain queries put by the Department on the basis of application filed by the father-in-law of the petitioner as well as the sons of the petitioner. The father-in-law alleged that the petitioner had been missing for about five years prior to the death of the petitioner's husband and therefore, she was not entitled to get any pension. Similar allegations are raised by the sons of the petitioner, who further stated that the petitioner had re-married in the meantime and has been living separately with her new family and therefore, she is not Page No.# 3/5 entitled to get family pension. Denying all such allegations, the petitioner had filed a response to the communication dated 01.01.2019. This reply is stated to have been submitted on 03.04.2019, replying all the allegations made against her. In her reply, she denied that she had re-married rather she stated that she has driven out of the matrimonial house by the family members after the death of her late husband and she had been working in a factory in Mumbai in the meantime.

¶3The learned counsel for the petitioner submits that inspite of this response filed by the petitioner, no order has been passed nor any pension has been released in favour of the petitioner. The authorities have neglected to consider the claim of the petitioner for release of pension on account of the death of her husband.

¶4Mr. S.C. Keyal, learned counsel for the Department submits that as the Department had already issued a letter as far back as 01.01.2019 requesting the petitioner to respond to the allegations made but no response has been received. Mr. Keyal submits that there is no record of the reply being submitted before the authorities concerned.

¶5Having heard the learned counsels for the parties, it is seen that the petitioner is praying for release of pension on account of the death of the late husband of the petitioner which is not being processed on account of objections received by the son and father-in-law of the petitioner. The matter, therefore, needs to be resolved expeditiously.

¶6Considering the submissions advanced and the pleadings available on record, this Court is of the considered opinion that the matter should be relegated to the Department to conduct a proper hearing in respect of the Page No.# 4/5 allegations and counter allegations made and thereafter, take a decision and pass a speaking order in respect of the claim made by the petitoner for pension of the deceased, namely Nikhil Ch. Das.

¶7The petitioner will appear before the respondent authorities and the respondent authorities will issue notices to the father-in-law as well as the son(s) or any other claimant who may have staked their the claims for family pension of Nikhil Ch. Das and thereupon conduct a proper hearing and pass appropriate orders.

¶8Since the petitioner is represented by the learned counsel, no further notice is necessary to be issued by the Department.

¶9The son(s) of the petitioner are also arrayed as parties in the present writ petition as respondents No. 5 & 6. The respondents No. 5 & 6 are shown to be represented by a counsel as is evident from the office Note stating that Vakalatnama in respect of respondents No 5 & 6 has been filed.

¶10As this order is passed in the absence of the learned counsel for the respondents No. 5 & 6, the respondent authorities will also issue notice to the respondents No. 5 & 6 and the father-in-law of the petitioner. The petitioner, the respondents No. 5 & 6 and all stakeholders will appear before the competent authority within 30 days from the date of receipt of the certified copy of this Order and thereafter, the department will conduct necessary hearing of the matter and pass further order within a period of 60 days therefrom.

¶11Any such order that is passed, copies thereof will be served on all the parties who appeared before the department.

¶12If the department upon conducting the hearing passes an order for release of pension, the same should be done expeditiously without any further delay. Page No.# 5/5

¶13The writ petition stands closed in terms of the above.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010176692020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5374/2020o JORNAoDASo@oJORNAoRANIoDASo W/OoLATEoNIKHILoCHANDRAoDASo R/OoVILLAGEoBAKRIHAWARoPARToXII,oPOoKALIBARIoBAZAR,oPSo ALGAPUR,oDISToHAILAKANDI,oASSAM VERSUSo COMMISSIONERoOFoEXCISEoANDoCUSTOMSoANDo5oORSo (PREVENTION)oHOUSEoNORTHEASTERNoREGION,oMEGHALAYA,o SHILLONG,o793001 2:THEoDEPUTYoCOMMISSIONERoOFoCUSTOM oKARIMGANJ oKARIMGANJoASSAM 3:ASSISTANToCOMMISSIONERoOFoCUSTOMoPREVENTIONoDIVISION oKARIMGANJoASSAM 4:THEoADMINISTRATIVEoOFFICER oO/OoTHEoDEPUTYoCOMMISSIONERoOFoCUSTOM oKARIMGANJoASSAMo788710 5:ARPANoDAS oS/OoLATEoNIKHILoCHANDRAoDASoR/OoVILLAGEoBAKRIHAWARoPT-I oP.O.oKALIBARIoBAZAR oP.S.oALGAPUR oDISTRICToHAILAKANDI oASSAM 6:ANUPoDAS Page No.# 2/5 S/O LATE NIKHIL CHANDRA DAS R/O VILLAGE BAKRIHAWAR PT-I P.O. KALIBARI BAZAR P.S. ALGAPUR DISTRICT HAILAKANDI ASSA Advocate for the Petitioner : MR. A M BARBHUIYA Advocate for the Respondent : SC, CENTRAL EXCISE CUSTOMS, MR. S C KEYAL BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA