Monjuri Sinha @ Manjuri Sinha @ Manjuri Singh and Anr v. The State of Assam and 6 Ors

ORDER Date : 26.04.2023 Heard Mr. S. K. Sinha, the learned counsel appearing on behalf of the petitioners. Mr. R. Ahmed, the learned counsel appears on behalf of the Principal Accountant General (A & E), Assam, Ms. M.D. Borah, the learned counsel appears on behalf of the Director of Pension and Mr. R. Borpujari, the learned counsel appears for the respondent Nos. 2 and 7.

¶2The petitioners herein have approached this Court being aggrieved by non-granting of the family pension to the petitioners. It has been brought to the attention of this Court as recorded in the order dated 11/4/2023 that the petitioner No. 2 had already expired and as such the entitlement of the petitioners herein would be limited to the petitioner No. 1 for family pension.

¶3On 11/4/2023 when the matter came up the counsel appearing on behalf of the Principal Accountant General (A & E) submitted that the Pension Payment Order No. 932422297823 has already been issued in favour of the petitioner No. 1 thereby entitling the petitioner No. 1 to an amount of Rs. 8760/- per month. However, as per the instructions which was produced on 11/4/2023, it was not clear as to from what date the petitioner would be entitled to family pension. This Court directed the counsel appearing on behalf of the Principal Accountant General, (A & E), Assam to apprise the Court as to from when the petitioner No. 1 would be entitled to the family pension. This Court further directed the Treasury Officer, Ramkrishnanagar to disburse the family pension on the basis of the order dated 17/2/2023 and the petitioner was directed to serve a copy of the instant order to the Treasury Officer, Ramkrishnanagar Page No.# 4/4 for due compliance. Today when the mater has been listed, the learned counsel Mr. R. Ahmed appearing on behalf of the Office of Principal Accountant General (A& E), Assam has produced the Pension Payment Order bearing No. 932422297823, wherein it has been mentioned that the payment of the family pension would commence from 9/9/2019. The instructions so produced by Mr. R. Ahmed is also kept on record and marked with the letter "Y".

¶4Taking into account the same, this Court therefore disposes off this writ petition with a direction to the Treasury Officer, Ramkrishnanagar to take appropriate steps so that the petitioner No. 1 receives the family pension as mentioned in the Pension Payment Order.

¶5The registry is directed to serve a copy of the instant order to Mr. R. Borpujari, the learned counsel appearing on behalf of the Treasury Officer, Ramkrishnanagar so that the instant order can be duly communicated to the said authority.

¶6With the above observations and directions, the petition stands disposed off.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010200432019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6243/2019o MONJURIoSINHAo@oMANJURIoSINHAo@oMANJURIoSINGHoANDoANR.o D/O-oLToBRAJAMONIoSINGHo@oBROJAoMONIoSINHAo@oBROJOMONIoSINHA, VILL-oGORERBONDHo(CHOUDHURYoKONA),oP.O.oNETAJIoNAGAR,oP.S.o RAMKRISHNAoNAGAR,oDIST-oKARIMGANJ,oASSAM,oPIN-o788166 2:oANJALIoSINHAo@oANJULIoSINHAo@oANJALIoSINGH oD/O-oLToBRAJAMONIoSINGHo@oBROJAoMONIoSINHAo@oBROJOMONIoSINHA oVILL-oGORERBONDHo(CHOUDHURYoKONA) oP.O.oNETAJIoNAGAR oP.S.oRAMKRISHNAoNAGAR oDIST-oKARIMGANJ oASSAM oPIN-o78816o VERSUSo THEoSTATEoOFoASSAMoANDo6oORS.o REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oHOMEoDEPTT.,o DISPUR,oP.O.oASSAMoSACHIVALAYA,oP.S.oDISPUR,oDIST-oKAMRUPo(M),o ASSAM,oPIN-o781006 2:THEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPTT. oDISPUR oP.O.oASSAMoSACHIVALAYA oP.S.oDISPUR oDIST-oKAMRUPo(M) oASSAM oPIN-o781006 3:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oULUBARI Page No.# 2/4 GHY P.O. LACHITNAGAR P.S. PALTANBAZAR DIST- KAMRUP (M) ASSAM PIN- 781007 4:THE ADDL. DIRECTOR GENERAL OF POLICE (M AND L) ASSAM ULUBARI GHY P.O. LACHITNAGAR P.S. PALTANBAZAR DIST- KAMRUP (M) ASSAM PIN- 781007 5:THE COMMANDANT 6TH ASSAM POLICE BATTALION KATHAL CACHAR P.O. JAIFORPUR P.S. SILCHAR SADAR DIST- CACHAR ASSAM PIN- 788005 6:THE ACCOUNTANT GENERAL ASSAM MAIDAMGAON BELTOLA P.O. BASISTHA P.S. BASISTHA DIST- KAMRUP (M) ASSAM PIN- 781029 7:THE TREASURY OFFICER KARIMGANJ M.G.ROAD KARIMGANJ P.O. KARIMGANJ P.S. KARIMGANJ DIST- KARIMGANJ ASSAM PIN- 78871 Advocate for the Petitioner : MR. B P SINHA Page No.# 3/4 Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH