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2025 DAILYLAW 18122 (GAU)

THE UNION OF INDIA v. SMTI RABILATA RAJBONGSHI

I.A.(Civil)/2819/2024 · 2025-01-05

Suman Shyam

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010188592024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2819/2024 THE UNION OF INDIA THROUGH THE SECRETARY TO THE GOVT. OF INDIA, HOME DEPARTMENT, NEW DELHI 2: THE DIRECTOR GENERAL OF BORDER SECURITY FORCE PUSHPA BHAWAN MADANGIR ROAD NEW DELHI 110006. 3: THE SENIOR ACCOUNTS OFFICER PENSION SECTION V PAD BSF PUSPA BHAWAN MANDANGIR ROAD NEW DELHI 110006. 4: THE COMMANDANT 84 BATTALION BORDER SECURITY FORCE C.O 56 APO 933084 5: THE ACCOUNTANT GENERAL MAIDAMGAON BELTOLA GUWAHATI 78102 VERSUS SMTI RABILATA RAJBONGSHI W/O LATE SASADHAR RAJBONGSHI, RESIDENT OF VILLAGE NOONTOLA, PO BAIRAPUR, NOONTOLA, PS SARBHOG, DIST BARPETA, ASSAM Page No.# 2/3 Advocate for the Petitioner : MRS. R DEVI, Advocate for the Respondent : MR. K R PATGIRI, BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER 06.01.2025 Heard Ms. R. Devi, learned Central Govt. Counsel appearing for the applicants. Also heard Mr. K. R. Patgiri, learned counsel for the OP/ writ petitioner. This I.A. has been filed by the Union of India with a prayer for extension of time limit for implementation of the order dated 09.05.2024 passed by this Court in WP(C) No.21560/2016. By the order dated 09.05.2024, this Court had directed the authorities to consider the claim of the writ petitioner for payment of family pension on account of her deceased husband, who had served in the BSF, within a period of three months from the date of receipt of a certified copy of the order. However, admittedly, till date, no such consideration has been made by the applicants/authorities. Ms. R. Devi, learned counsel for the applicants submits that the claim of the widow of the deceased employee for grant of family pension is under consideration and therefore, three months further time from today is required to complete the process. Mr. Patgiri, on the other hand, submits that on 23.11.2024 the widow i.e. the writ petitioner has expired and therefore, the arrear family pension will now have to be paid to the legal heirs of the deceased writ petitioner/ OP. Page No.# 3/3 Taking note of the submissions made at the Bar and in view of the peculiar facts and circumstances of the case, the applicants are granted three months time with effect from today to complete the process as envisaged by the judgment and order dated 09.05.2025. With the above observation, the I.A. stands disposed of. JUDGE Comparing Assistant