Dr. Rajendra Prasad Chakraborty v. The State of Assam and 3 Ors

ORDER

24.07.2023 Heard Mr. A Sharma, learned counsel for the petitioner and Mr. D Upamanyu, learned Standing counsel, Health and Family Welfare Department, Assam for the respondent Nos. 1, 2, 4 as well as for the impleaded respondent Nos. 7 & 8. Also heard Mr. A Hassan, learned Standing counsel, Accountant General (A&E), Assam for the respondent No. 3 and Mr. A Chaliha, learned Standing counsel, Finance Department, Assam for the impleaded respondent Nos. 5 & 6.

¶2Matter pertains to non-payment of pensionary benefits to the petitioner, Zonal Officer

(Ayur), Jorhat who served under the Additional Director of Health Services (R), Upper Assam Page No.# 3/4 Region, Jorhat and retired from service on 28.02.2009 on attaining the age of superannuation at 60 years.

¶3During the deliberation of the matter, Mr. Upamanyu, Standing counsel, Health and Family Welfare Department placed before the Court a communication issued under No. HSE/HC69/2021/5774 dated 18.07.2023 by the Director of Health Services, Assam written to the Secretary to the Government of Assam in the Health and Family Welfare (A) Department informing that an amount of Rs. 1,45,560/- as arrear pay and allowances and Rs. 37,704/- as arrear salary in respect of the petitioner has already been drawn and disbursed by the Joint Director of Health Services, Jorhat and credited in the concerned Savings Bank Account No. 20071172570 of the petitioner.

¶4With regard to the final withdrawal of GPF money of the petitioner, the Director of Health Services, Assam by the said communication dated 18.07.2023 has apprised the Court that the Joint Director of Health Services, Jorhat had already drawn and disbursed and credited the amount of GPF money in the concerned bank account of the petitioner.

¶5Pertaining to the drawal of leave encashment money, the Director of Health Services, Assam by the said communication dated 18.07.2023 apprised the Court that the State Government in the Health and Family Welfare Department have already sanctioned the said amount of leave encashment money and the authority letter has been issued by the Accountant General (A&E), Assam for drawal of leave encashment benefit to the petitioner. After receipt of the authority letter from the Joint Director of Health Services, Jorhat; the same shall be drawn and disbursed accordingly.

¶6As the claims of the petitioner regarding his pensionary benefits have been taken care of by the respondent authorities in the Health and Family Welfare Department of the State as reflected in the communication dated 18.07.2023 of the Director of Health Services, Assam, noted above, this writ petition hereby stands closed, since the respondent authorities have already considered the prayer of the petitioner made herein.

¶7However, liberty is granted to the petitioner, in case the respondent authorities do not clear his pensionary benefits as claimed in this writ petition and as specified in the communication dated 18.07.2023 of the Director of Health Services, Assam, noted above. Page No.# 4/4

¶8Copy of the communication dated 18.07.2023 of the Director of Health Services, Assam; be kept as part of the record.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010181242020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5525/2020o DR.oRAJENDRAoPRASADoCHAKRABORTYo S/O.oLT.oGANGAoNATHoCHAKRABORTY,oR/O.oVILL.oJAPARKUCHI,oP.O.o CHOWKoBAZAR,oDIST.oNALBARI,oASSAM-781334. VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o GUWAHATI,oHEALTHoANDoFAMILYoWELFAREo(A)oDEPTT.,oDISPUR,o GUWAHATI-06. 2:THEoDIRECTORoOFoHEALTHoSERVICE oASSAM oHENGRABARIoGUWAHATI-36 oKAMRUPo(M) oASSAM. 3:THEoPRINCIPALoACCOUNTANToGENERALo(AoANDoE) oASSAM oMAIDAMGAON oBELTOLA oGUWAHATI-29 oKAMRUPo(M) oASSAM. 4:THEoADDL.oDIRECTORoOFoHEALTHoSERVICESo(R) oUPPERoASSAMoREGION oJORHAT oASSAM. Page No.# 2/4 5:THE COMMISSINER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT 6:THE TREASURY OFFICER GOVERNMENT OF ASSAM JORHAT 7:THE JOINT DIRECTOR OF HEALTH SERVICES GOVERNMENT OF ASSAM JORHAT 8:THE JOINT DIRECTOR OF HEALTH SERVICES GOVERNMENT OF ASSAM KOKRAJHAR Advocate for the Petitioner : MR. A SARMA Advocate for the Respondent : SC, HEALTH BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK