Smti. Reeta Deka v. The State of Assam and 4 Ors

ORDER Date : 30.09.2024 Heard Mr. P. J. Saikia, learned counsel for the petitioner. Also heard Ms. M. Bhattacharjee, learned Additional Senior Government Advocate for the State respondent, Mr. S. Dutta, learned Standing Counsel for Revenue Department and Ms. H. Baruah, learned counsel on behalf of Mr. P. Nayak, learned Standing Counsel for Finance Department. By way of this petition under Article 226 of the Constitution of India, the petitioner is seeking a direction to the respondents to provide family pension entitled to the petitioner being an unmarried daughter of Late. Shanti Ram Deka, ex Mandal as per Assam Services (Pension) Rules, 1969 and amendment made under it with effect from

19.09.2016 when mother of the petitioner Makhani Deka expired while receiving pension of her deceased father. Mr. Saikia, learned counsel for the petitioner submits that since the claim of the family pension was not being given to the petitioner upon the demise of her mother, the present writ petition was filed. He further submits that the stand of the respondents as per the affidavit-in-opposition filed on behalf of respondent no. 3 on

17.02.2022, it is due to want of necessary enclosures and details, the Page No.# 3/3 representation of the petitioner could not be considered. He further submits that the petitioner has submitted a representation enclosing all the necessary documents and particulars. Ms. M. Bhattacharjee, learned Additional Senior Government Advocate submits that if the necessary particulars and details as required are available, there is no impediment for the respondent authorities to consider the case of the petitioner. In view of the aforesaid endorsement made by the learned counsel for the parties, this Court deems appropriate to dispose of this writ petition with direction that if the representation of the petitioner is received for grant of family pension along with all the necessary particulars and details, the same shall be proceeded in accordance with law. It is needless to clarify that the entire exercise shall be completed by the respondents within a period of 3 (three) months from the date of receipt of the certified copy of the order. Disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010162692021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5452/2021o SMTI.oREETAoDEKAo D/OoLT.oSHANTIoRAMoDEKA,oR/OoBORKULOI,oNAWAHATIAoRAJAKUCHI,o DIST-MORIGAON,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oREVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT,o DISPUR,oGUWAHATI-6 2:THEoSECRETARYoCOMMISSIONERoANDoFINANCEoDEPARTMENT oGOVT.oOFoASSAM oDISPUR oGUWAHATI-6 3:THEoDEPUTYoCOMMISSIONER oMORIGAON oASSAM 4:THEoACCOUNTANToGENERAL oASSAMo(AoANDoE) oMAIDAMGAON oGUWAHATI-37 5:THEoCIRCLEoOFFICER oMORIGAONoREVENUEoCIRCLE oMORIGAON oDIST-MORIGAON oASSAo AdvocateoforotheoPetitionerooooo:oMR.oPoJoSAIKIA,oMSoDoDUTTAo Page No.# 2/3 Advocate for the Respondent : SC, REVENUE, GA, ASSAM,SC, FINANCE,SC, AG BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI