Kahinoor Begum v. The State of Assam and 6 Ors

ORDER

24.04.2024 Heard Mr. K.R. Patgiri, learned counsel for the petitioner. Also heard Mr. P. Handique, learned Standing Counsel, P&RD.

¶2The petitioner before this Court is the widow of late Abdus Shuban Ali. The husband of the petitioner was serving as a Gaon Panchayat Secretary on temporary basis at 114 No. Dakshin Betbari Gaon Panchayat vide order dated

20.10.1993 and accordingly, he joined in his service. Thereafter his post was regularized vide order dated 10.06.2003 issued by the Chief Executive Officer, Barpeta Zilla Parisad, Barpeta and he received his regular scale of pay. Subsequently, his post was Provincialised vide order dated 23.11.2006 issued by the Directorate of Panchayat and Rural Development, Assam. During the course of his service, the husband of the petitioner expired on 07.10.2020 leaving behind the petitioner and two sons. Pursuant to the demise of the husband of the petitioner, she had been approaching the respondent authorities for release Page No.# 3/5 of the family pension benefits.

¶3It is submitted by the learned counsel for the petitioner that the family pension papers were duly submitted to the respondent no.6 namely, The Chief Executive Officer, Barpeta Zilla Parisad for being forwarded to the office of the respondent no.4, namely, The Commissioner, Panchayat & Rural Development Department. However, the family pension benefits as well as death benefits have not yet been released in spite of approaching the respondent authorities on several times.

¶4The learned counsel for the parties have been heard. The counsel at the Bar are in agreement that the entitlement of pensionary benefits to Gaon Panchayat Secretaries have been upheld by a Division Bench of this Court in WA 145/2009 (the State of Assam vs. Syed Md. Fazlay Rabbi) vide judgment and order dated 24.03.2010. That apart, by order dated 28.03.2018 issued by the Panchayat and Rural Development in respect of entitlement of pensionary benefits to the Gaon Panchayat Secretaries have been interfered with by another Division Bench of this Court rendered in WA No. 133/2023 vide Judgment and order dated 05.08.2023. The Division Bench upheld the impugned judgment and order dated 05.08.2022 passed by a co-ordinate Bench in WP(C) No.4397/22. The Division Bench in its judgment held that in view of the communication dated 30.05.2003 issued by the Government that employees of the Panchayat Raj Institute will be treated as regular employees of the Panchayat Raj Institution. The subsequent communications or orders passed by the Government holding that the benefit of regularisation will be with prospective effect from the date they have joined in the post created ex-post facto for giving them the benefit of regular service. Consequently, the Division Bench held that those employees who were given regular benefits by creation of Page No.# 4/5 ex-post-facto cannot be treated as "new entrants" joining the State Government services subsequently after introduction of new pension scheme. They have to be treated as employees who had joined as Government employees under the old pension scheme. It was held by the Division Bench that such employees could not be brought under the new pension scheme.

¶5The judgment and order dated 24.03.2010 passed in W.A. No.145/2009; the judgment dated 05.08.2022 passed in WP(C) No. 4397/2022 and the judgment and order dated 05.08.2023 passed in W.A. No.133/2023 have been carefully perused.

¶6Having perused those judgments, it is found that the issue involved in the present writ petition stands squarely covered by the said judgments rendered in W.A. No 145/2009 on 24.03.2010 and WA No.133/2023 on 05.08.2023.

¶7In that view of the matter, the writ petition stands allowed. The respondents are directed to immediately process the pension papers of the late husband of the petitioner and take necessary steps so that the pensionary benefits including family pension can be granted to the petitioner as expeditiously as possible within the outer limit of 90 (ninety) days from the receipt of a certified copy of this order.

¶8The petitioner will furnish a certified copy of this order before the respondent no.1 who in turn will issue necessary directions to the concerned respondents/officials to prepare the pension papers of the late husband of the petitioner and forward the same to the Director of Pension, Assam within a period of 30 (thirty) days from the date of receipt of the certified copy of this order. The Pension Department will thereafter take necessary steps for release of the pension of the petitioner's husband within outer limit of 60 (sixty) days Page No.# 5/5 thereafter.

¶9The petitioner shall furnish all the necessary particulars to the respondents required for processing the family pension of the petitioner.

¶10Writ petition stands allowed and disposed of in terms of the above.

¶11Interim order, if any, stands vacated.

¶12Pending Interlocutory Applications, if any, are closed.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010274452023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7120/2023o KAHINOORoBEGUMo W/OoLATEoABDUSoSHUBANoALI,oR/OoVILL-HELOCHARoPAM,oP.O.- NALIGAON,oP.S.-SARTHEBARI,oDIST-BARPETA,oASSAM,oPIN-781307 VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o PANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT,oDISPUR,o GUWAHATI-6 2:THEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oPENSIONoANDoPUBLICoGRIEVANCEoDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-6 4:THEoCOMMISSIONER oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT oPANJABARI oJURIPAR oGUWAHATI-37 5:THEoDIRECTORoOFoPENSION oASSAM oHOUSEFEDoCOMPLEX oGUWAHATI-6 Page No.# 2/5 6:THE CHIEF EXECUTIVE OFFICER BARPETA ZILLA PARISHAD DIST-BARPETA ASSAM PIN-781301 7:THE TREASURY OFFICER BARPETA TREASURY DIST-BARPETA ASSAM PIN-78130 Advocate for the Petitioner : MR. K R PATGIRI Advocate for the Respondent : SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA