Bibi Deka v. The State of Assam and 4 Ors

ORDER Date : 30.09.2024 Heard Mr. P. J. Saikia, learned counsel for the petitioner. Also heard Ms. M. Bhattacharjee, learned Additional Senior Government Advocate for the State respondent, Mr. S. Dutta, learned Standing Counsel for Revenue Department, Ms. H. Baruah, learned counsel on behalf of Mr. P. Nayak, learned Standing Counsel for Finance Department and Mr. R. K. Talukdar, learned Standing Counsel, AG. By way of this petition under Article 226 of the Constitution of India, the petitioner is seeking a direction to the respondents to provide family pension entitled to the petitioner being an unmarried daughter of Late. Khudi Ram Deka, ex Mandal as per Assam Services (Pension) Rules, 1969 and amendment made under it with effect from

19.01.2014 when mother of the petitioner Kakili Deka expired while receiving pension of her deceased father. Mr. Saikia, learned counsel for the petitioner submits that since the claim of the family pension was not being given to the petitioner upon the demise of her mother, the present writ petition was filed. Ms. M. Bhattacharjee, learned Additional Senior Government Advocate submits that as per the insturcitons received, due to want of Page No.# 3/3 necessary enclosures and details in the representation filed by the petitioner, the same could not be considered. However, she submits that if the necessary particulars area available, there is no impediment for the respondent authorities to consider the case of the petitioner. However, Mr. Saikia, learned counsel for the petitioner further submits that the petitioner has in the meantime submitted a representation enclosing all the necessary documents and particulars. In view of the aforesaid endorsement made by the learned counsel for the parties, this Court deems appropriate to dispose of this writ petition with direction that if the representation of the petitioner is received for grant of family pension along with all the necessary particulars and details, the same shall be proceeded in accordance with law. It is needless to clarify that the entire exercise shall be completed by the respondents within a period of 3 (three) months from the date of receipt of the certified copy of the order. Disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010181342021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5863/2021o BIBIoDEKAo D/OoLATEoKHUDIoRAMoDEKAo RESIDENToOFoNIZARAPAR,oPOoANDoPSoJAGIROAD,oDISToMORIGAON,o ASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAMoREVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT,o DISPURoGUWAHATIo06 2:THEoSECRETARYoCOMMISSIONER oFINANCEoDEPARTMENT GOVT.oOFoASSAM oDISPURoGUWAHATI 3:THEoDEPUTYoCOMMISSIONER oMORIGAON.oASSAM 4:THEoACCOUNTANToGENERAL oASSAMo(AoANDoE) oMAIDAMGAON oGUWAHATI 5:THEoCIRCLEoOFFICER oMORIGAONoREVENUEoCIRCLE oMORIGAON oASSAo Page No.# 2/3 Advocate for the Petitioner : MR. P J SAIKIA, MS D DUTTA Advocate for the Respondent : GA, ASSAM, SC, AG,SC, REVENUE,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI