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2025 DAILYLAW 13269 (GAU)

YASHODA DEVI v. THE STATE OF ASSAM AND 5 ORS

WP(C)/3073/2023 · 2025-03-18

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010114352023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3073/2023 YASHODA DEVI W/O LATE RAMJI RAI, RESIDENT OF VILL- MADHOPUR, P.O.- RANITOL, P.S.- SAMASTIPUR, DIST.- SAMASTIPUR, BIHAR, PIN- 848113. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PLANNING AND DEVELOPMENT DEPARTMENT ( WHICH IS NOW RENAMED AS TRANSFORMATION AND DEVELOPMENT), ASSAM, DISPUR, GUWAHATI- 781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 3:THE DIRECTOR OF ECONOMICS AND STATISTICS JORHAT PIN- 785001. 4:THE DEPUTY DIRECTOR OF ECONOMICS AND STATISTICS JORHAT PIN- 785001. 5:THE ACCOUNTANT GENERAL (A AND E) ASSAM BELTOLA Page No.# 2/4 GUWAHATI-29. 6:THE TREASURY OFFICER JORHAT TREASURY JORHAT PIN- 785001 Advocate for the Petitioner : MS. S B CHOUDHURY, MR. S K DAS,A G CHOUDHURY Advocate for the Respondent : SC, FINANCE, GA, ASSAM,MRS. S. BARUAH, (R-1, 3 & 4),SC, AG BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 19.03 .2025 Heard Ms. S. B. Choudhury, learned counsel for the petitioner. Also heard Mr. S.K. Medhi, learned Standing Counsel, Accountant General. The grievance of the petitioner is that she is a widow and legal heir of the deceased Government servant, Lt. Ramji Rai, who was superannuated as a Chowkidar from the Office of the Deputy Director of Economics and Statistics, Jorhat and had been receiving family pension by P.P.O. No. JOR/71018. Pursuant thereto the husband of the petitioner expired. However, the petitioner was not granted the pay revision benefit in respect of the family pension that she has been drawing from her late husband. The representations were duly filed by the petitioner before the Accountant General Office, Beltola, as far back as in the year 2004 and subsequently in the year 2022. Since these representations were not disposed of, the petitioner has approached before this Court. This Court on the earlier occasion, expressed its displeasure that the Page No.# 3/4 representations filed by the petitioner had remained pending without the same being disposed of by the concerned authorities. The learned counsel for the respondents was permitted to obtain instructions in this regard. Today when the matter is called up Mr. S. K. Medhi, the learned Standing Counsel, Accountant General has placed before the Court the instructions received from the Office of the Accountant General which enclosed the communication dated 22.12.2022, stated to have been addressed the petitioner. Perusal of the same it reveals that the Office of the Accountant General had suggested to the petitioner by the said communication that since the late husband of the petitioner superannuated on 31.12.1997 and he had also availed the R.O.P. 1998, the fixation benefit before retirement, hence, subsequent revision of pay benefit is to be done by the concerned Treasury or a Bank as the case may be, accordingly, she is advised to take up the matter before the Treasury Officer, Jorhat Treasury for revision of pension as per 6th & 7th Pay Commission. The learned counsel for the petitioner submits that she does not have any instructions as to whether this communication came to be received by the writ petitioner. Taking into consideration the submissions made, this Court proceeds to close the present writ petition permitting the petitioner to approach the Treasury Officer, Jorhat Treasury being the respondent No.6 for any claims with regard to the pay benefits towards the family pension received by the petitioner in respect of her late husband. The petitioner will approach the respondent No.6 by filing an application along with the certified copy of this order. The respondent No.6 Page No.# 4/4 will thereafter, forthwith to take all necessary steps to ensure all the benefits of the pay revision and will release to the petitioner towards her pension. Let this exercise be completed as expeditiously as possible within the outer limit of four weeks from the date of receipt of an application as permitted to be filed by the petitioner along with the certified copy of the this order. Copy of the instructions placed by Mr. S.K. Medhi is kept in the case record Writ petition stands disposed of in terms of the above. JUDGE Comparing Assistant