Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1528/2025 ANAMIKA TIWARI AND ANR LABOUR COMMISISONER, ASSAM, W/O MR AJOY TIWARI, OFFICE ADDRESS SHRAM BHAWAN, GOPINATH NAGAR ROAD, BISHNU RABHA NAGAR, ULUBARI, GUWAHATI 781007, ASSAM 2: SMTI KIMTING SINGSON ADDL. LABOUR COMMISSIONER ASSAM
D/O LATE L. SINGSON
OFFICE ADDRESS SHRAM BHAWAN GOPINATH NAGAR ROAD BISHNU RABHA NAGAR ULUBARI GUWAHATI 781007 ASSA VERSUS BULU BEGUM AND ORS W/O- LATE IDRISH ALI, R/O- ARB ROAD, KHUTIKATIA, P.O- HAIBARGAON, DIST- NAGAON, ASSAM, PIN-782002 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM LABOUR WELFARE DEPARTMENT DISPUR GUWAHATI PIN- 781006.
3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT
Page No.# 2/4 DISPUR JANATA BHAWAN GUWAHATI ASSAM PIN- 781006.
4:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI ASSAM PIN- 781006.
5:THE PRINCIPAL ACCOUNTANT GENERAL ( A AND E) ASSAM OFFICE OF THE ACCOUNTANT GENERAL MAIDAMGAON BELTOLA GUWAHATI 29 6:THE TREASURY OFFICER BISWANATH CHARIALI TREASURY PO BISWANATH CHARIALI DIST SONITPUR ASSAM 7841 Advocate for the Petitioner : MR. C CHAKRAVARTY, MR. P HAZARIKA,MR. R HAZARIKA,MR. S SARMA,MR. JYOTIRMOY ROY Advocate for the Respondent : GA, ASSAM, MR. A CHETRY,SC, FINANCE,SC, AG (A AND E)
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER 02.06.2025 Heard Mr. J Roy, learned Senior Counsel for the applicants. Also heard Mr. A Chetry, learned counsel for the opposite party no.1/writ petitioner and Mr. D Bora, learned State Counsel. This application has been filed by the applicants seeking extension of the
Page No.# 3/4 time of 3 (three) months to comply with the direction contained in the order dated 07.01.2025 passed by this Court in WP(C) No.7300/2023. This Court had
disposed of the writ petition i.e. WP(C) No.7300/2023 directing the concerned respondents to compute the family pension and other retirement dues payable to the petitioner on account of her deceased husband, namely, Idrish Ali, by taking his date of retirement from service as on 30.10.2015 and the balance amount, including the arrears dues, if any, should be released in favour of the petitioner. The entire exercise was directed to be carried out within a period of 3 (three) months from the date of receipt of the certified copy of the order. Mr. J. Roy, learned Senior Counsel for the applicants, submits that the applicants/respondents are in the process of taking all necessary steps for due compliance of the directions passed by this Court in WP(C) No.7300/2023 by
order dated 07.01.2025. However, the same could not be completed within period of 3 (three) months and therefore, by filing this application further period of 3 (three) months has been sought for. Mr. A Chetry, learned counsel for the opposite party no.1/petitioner submits that the petitioner is getting the provisional pension. However, family pension has not been received yet and therefore, prays that extension of 3 (three) months’ time should not be granted. Considering the submissions made by the learned counsel for the parties, this Court allows the Interlocutory Application granting the applicants further 90 (ninety) days of time to comply with the directions contained in the order dated 07.01.2025 passed by this Court in WP(C) No.7300/2023. It is made clear that if the directions contained in the dated 07.01.2025 passed by this Court in WP(C) No.7300/2023 are not complied with within the extended period of 3 (three) months, this Court may proceed for passing consequential order. Till the time,
Page No.# 4/4 the family pension and other retirement dues are released, the provisional pension are continued to be paid to the petitioner. Accordingly, the Interlocutory Application stands disposed of in terms of the above.
JUDGE Comparing Assistant