On the Death of Kopiti Payeng Her Legal Heirs Nagen Payeng v. State of Assam Amd 5 Ors

ORDER

04.04.2024 Page No.# 4/5 Heard Mr. D. Borah, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Standing Counsel, Accountant General and Mr. R. Dhar, learned Standing Counsel, PWD for the respondents. The order dated 01.04.2021 passed by this Court is extracted below :- "Date : --01.04.2021

By filing this writ petition the petitioner seeks for a direction to the respondents to release the family pension, gratuity, DCRG and all other admissible benefits entitled to the petitioner's husband, who expired while working as a regular muster roll worker. During the pendency of the writ petition, the pensionary benefits has been processed and released to the petitioner. However, the counsel for the petitioner submits that the manner, in which the pensionary dues of the petitioner's late husband has been calculated has not been clearly reflected. Moreover, the gratuity said to have been already paid is not supported by any documents. He submits that it is also not known as to how payment of the pension has commenced from 20.05.2009. To answer to this query, the learned standing counsel for department is not available today. In view of above, the Accountant General, Assam (respondent no. 6) shall file an affidavit indicating the details of the calculation of the pensionary benefit given to the petitioner. The affidavit shall also indicate as to when pension papers were received by the office of A.G. Assam. Mr. P. Nayak, the learned counsel appearing for the Public Works Department shall also obtain instructions as to when and to whom was the gratuity of Rs. 5550/- as reflected in the affidavit-in-opposition of respondent nos. 1, 3,4 and 5, was given. List the matter again on 04.5.2021 to enable the parties concerned to do the needful as indicated herein above."

Page No.# 5/5 By the said order dated 01.04.2021, the Accountant General, Assam, respondent no. 6 was directed to file an affidavit indicating the details of the calculation of the pensionary benefit given to the petitioner and directed that the affidavit should also indicate as to when the pension papers were received by the Office of the Accountant General. Although, the affidavit was filed by the Office of the Accountant General, the specific direction of the Court has not been addressed to and no information with that regard is found in the affidavit. Accordingly, the respondents are directed to place before the Court the particulars as directed in the earlier order dated 01.04.2021. Mr. B. Sarma, learned Standing Counsel appearing for Accountant General submits that he is recently engaged in the matter and therefore he prays for some time to complete his instructions and file a necessary affidavit. Accordingly, list this matter on 14.05.2024. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010031682016 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7284/2016o ONoTHEoDEATHoOFoKOPITIoPAYENGoHERoLEGALoHEIRSoSRIoNAGENo PAYENGo S/OoLT.oKANESWARoPAYENGoANDoLT.oKOPITIoPAYENG,oR/OoNAMo BATIYAMARI,oP.O.oBATIYAMARI,oP.S.oKAMALABARI,oMAJULI,oPIN-785106,o DIST-oMAJULI,oASSAM VERSUSo STATEoOFoASSAMoando6oORS.o REP.oBYoTHEoPRINCIPALoSECY.oTOoTHEoGOVT.oOFoASSAM,oPWDoAUDITo BRANCH,oDISPUR,oGHY-6,oASSAM 2:THEoCOMMISSIONERoANDoSECY.oTOoTHEoGOVT.oOFoASSAM oPENSIONoANDoP.G.oDEPTT. oDISPUR oGHY-6 oASSAM 3:THEoCHIEFoENGINEER oPWDROADSoASSAM oCHANDMARI oGHY-6 4:THEoEXECUTIVEoENGINEER oPWD oJORHAToRURALoROADoDIVISION oJORHAT-7 oDIST-oJORHAT oASSAM 5:THEoASSTT.oEXECUTIVEoENGINEER oPWD Page No.# 2/5 MAJULI RURAL ROAD SUB-DIVISION GOROMUR PIN-785104 DIST- MAJULI ASSAM 6:THE ACCOUNTANT GENERAL AandE MAIDAM GAON BELTOLA P.O. BELTOLA GHY-29 DIST- KAMRUP METRO ASSAM 7:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GHY-6 DIST- KAMRUP METRO ASSA Advocate for the Petitioner : MR.R DOWARAH Advocate for the Respondent : MR.U K NAIR Linked Case : I.A.(Civil)/3855/2022 ON THE DEATH OF KOPITI PAYENG HER LEGAL HEIRS NAGEN PAYENG S/O LATE KANESWAR PAYENG R/O NAM BATIYAMARI P.O. BATIYAMARI P.S. KAMALABARI MAJULI PIN-785106 DIST- MAJULI ASSAM PIN 785106. VERSUS STATE OF ASSAM AMD 5 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM Page No.# 3/5 PWD AUDIT BRANCH DISPUR GUWAHATI-6 ASSAM 2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM PENSION AND P.G. DEPTT. DISPUR GHY-6 ASSAM 3:THE CHIEF ENGINEER PWDROADS ASSAM CHANDMARI GHY-6 4:THE EXECUTIVE ENGINEER PWD JORHAT RURAL ROAD DIVISION JORHAT-7 DIST- JORHAT ASSAM 5:THE ASSTT. EXECUTIVE ENGINEER PWD MAJULI RURAL ROAD SUB-DIVISION GOROMUR PIN-785104 DIST- MAJULI ASSAM 6:THE ACCOUNTANT GENERAL AandE MAIDAM GAON BELTOLA P.O. BELTOLA GHY-29 DIST- KAMRUP METRO ASSAM ------------ Advocate for : MR. D BORAH Advocate for : GA ASSAM appearing for STATE OF ASSAM AMD 5 ORS. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA