Bina Singh v. The State of Assam and 3 Ors

ORDER Date : 08.11.2024

The instant writ petition has been filed by the Petitioner seeking a writ in the nature of mandamus that the Respondent Authorities herein should be directed to comply with the order dated 22.02.2024.

¶2This Court had put a specific query upon the learned counsel for the writ petitioner as well as also the learned Government Advocate appearing on behalf of the District Commissioner, Darrang, Mangaldoi as to where is the power of the District Commissioner to direct that 40% of the amount of pension and monthly provisional pension be paid to the Petitioner. Neither the learned counsel for the Petitioner nor the learned Government Advocate for the District Commissioner could show any provision which empowers the District Commissioner to do so.

¶3This Court has also perused the provisions of the Assam Services (Pension) Rules, 1969 wherein also, there is no mention about such power. It is also relevant herein to mention that the pension is not a bounty of the State and the State under no circumstances can withhold the pension. Page No.# 3/3

¶4The Petitioner herein being the wife of the Respondent No.4 has various remedies available under law to seek maintenance but to achieve that, the Petitioner cannot seek a portion of the pension through the Respondent Nos. 1, 2 and 3. Under such circumstances, as the petitioner herein seeks compliance to order dated 22.02.2024 which is without any jurisdiction, this Court is not inclined to exercise its jurisdiction under Article 226 of the Constitution for which the instant writ petition stands dismissed.

¶5It is however observed that the above observations and findings shall not come in the way of the Petitioner to claim maintenance as provided under the provisions of law.

¶6The interim order so passed earlier therefore stands vacated.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010203022024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooWP(C)/2374/2024 BINAoSINGH W/OoRAJANIoSINGH o oRESIDENToOFoVILLAGEoNO.o1oGARIMARI oPSoANDoPOoMANGALDOI oDISToKAMRUPoMoASSAMo784125 oVERSUS THEoSTATEoOFoASSAMoANDo3oORS REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM oPERSONELoDEPARTMENT oDISPURoGUWAHATIo06 2:THEoDISTRICToCOMMISSIONER DARRANGoMANGALDOI oPOoANDoPSoMANGALDOI oDISToDARRANG oASSAMo784125 o3:THEoTREASURYoOFFICER MANGALDOI oPOoANDoPSoMANGALDOI oDISToDARRANG oASSAMo784125 o4:SRIoRANGANIoSINGH S/OoLATEoNARENDRAoSINGHo RESIDENToOFoVILLAGEoNO.1 oGARIMARI oPSoANDoPOoMANGALDOI Page No.# 2/3 784125 DIST KAMRUP (M) ASSAM. ------------ For the Petitioner(s) : Mr. M. Rana, Advocate. For the Respondent(s) : Mrs. M. D. Chowdhury, Advocate : Mr. J. K. Goswami, Government Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH