Jalal Uddin Barbhuiya, v. The State of Assam and 6 Ors

ORDER

19.08.2024. Heard Shri AM Barbhuiya, learned counsel for the applicant/writ petitioner. Also heard Shri P Handique, learned Standing Counsel, P&RD Department, Assam. By the present interlocutory application, the applicant has prayed for a direction for release of the provisional pension and other benefits. While issuing notice in the connected writ petition on 15.07.2024, this Court had made the following observations:

"The pendency of this writ petition shall not be a bar for the respondent Page No.# 3/3 authorities to examine the claim of the petitioner and release the provisional pension to the petitioner, if the petitioner is found entitled to the same."

Shri Handique, learned Standing Counsel has submitted that the Assam Services (Pension) Rules, 1969 vests power on the authority to withhold pension even under certain conditions, including the implication and conviction in a criminal case and in the instant case, a criminal case is pending against the applicant. Be that as it may, by balancing the equities, the instant interlocutory application is disposed of by directing that in tune with the observations made by this Court on

15.07.2024, let the provisional pension be worked out and paid to the petitioner expeditiously. The aforesaid direction would, however, be subject to further order(s) that may be passed in the writ petition. Interlocutory application accordingly stands allowed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010130532024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o I.A.(Civil)/2333/2024oin WP(C)/3498/2024 JALALoUDDINoBARBHUIYA S/OoLATEoABDULoWAHIDoBARBHUIYA oVILLoANDoP.O.-LAKHIRBONDoPART-II oP.O. oP.S.oANDoDIST-oHAILAKANDI oASSAM oVERSUS THEoSTATEoOFoASSAMoANDo6oORS REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVTo OFoASSAM oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT oDISPUR oGUWAHATI-6 2:THEoCOMMISSIONERoOFoPANCHAYAToANDoRURALoDEVELOPMENTo DEPARTMENT JURIPAR oGUWAHATI o3:THEoDEPUTYoCOMMISSIONER oHAILAKANDI P.O. oP.S.oANDoDIST-oHAILAKANDI oASSAM o4:PROJECToDIRECTOR oD.R.D.A oHAILAKANDI P.O. Page No.# 2/3 P.S. AND DIST- HAILAKANDI ASSAM 5:THE DEPUTY COMMISSIONER HAILAKANDI P.O. PS AND DISTRICT HAILAKANDI ASSAM 6:THE C.E.O. HAILAKANDI ZILLA PARISHAD P.O. P.S. AND DIST- HAILAKANDI ASSAM 7:THE OFFICE OF THE BLOCK DEVELOPMENT OFFICE HAILAKANDI DEVELOPMENT BLOCK P.O. P.S. AND DIST- HAILAKANDI ASSAM ------------ Advocate for : MR. A M BARBHUIYA Advocate for : SC P AND R.D. appearing for THE STATE OF ASSAM AND 6 ORS BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI