Page No. 1/3 GAHC010201242024 2025:GAU-AS:11802 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5154/2024 ASHA BASFOR WIFE OF LATE SANKAR BASFOR, VILLAGE- BISHNU NAGAR (NEAR LILABARI TINIALI), P.O.- LILABARI, P.S.- NORTH LAKHIMPUR, DIST.- LAKHIMPUR, PIN- 787051. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER, HOME AND POLITICAL DEPARTMENT, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-06. 2:THE DIRECTOR GENERAL OF POLICE ULUBARI GUWAHATI-7. 3:THE COMMANDANT 8TH ASSAM POLICE BATTALION ABHAYAPURI BONGAIGAON PIN- 783384. 4:THE COMMANDANT 13TH ASSAM POLICE BATTALION LILABARI LAKHIMPUR PIN- 787051. 5:THE ACCOUNTANT GENERAL ASSAM MOIDAMGAON BELTOLA GUWAHATI Page No. 2/3 Advocate for the Petitioner : MR. M K NEOG, MR. S K SINGHA Advocate for the Respondent : GA, ASSAM, SC, AG BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 29.08.2025 Heard Mr. M.K. Neog, learned counsel for the petitioner and Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, Assam for the respondent nos. 1 – 4; and Mr. R.K. Talukdar, learned Standing Counsel, Accounting and General [A&E], Assam for the respondent no. 5. 2. The petitioner has instituted the writ petition under Article 226 of the Constitution seeking inter-alia a direction to the respondent authorities to consider the case of the petitioner for release the retirement benefits of her deceased husband and also family pension to the petitioner. The petitioner's husband, Sankar Basfor was initially appointed as Safai Karmi in the Office of the 13th Assam Police Battalion at Lilabari, Lakhimpur w.e.f. 27.05.1989 to 17.12.1997. Subsequently, he was transferred to the Office of the Commandant, 8th Assam Police Battalion at Abhaiyapuri, Bongaigaon in the year 1997 and he joined there on 18.12.1997. The petitioner's husband expired on 10.11.2016 leaving behind the petitioner as his wife and four children. 3. The petitioner has projected that the petitioner's husband suffered from mental stresses and became untraced. It was in the year 2012, he came back to live with his family. But, he was found to be in imbalanced condition and he could not recall anything about his past life. 4. The respondent no. 3 has filed an affidavit-in-opposition bringing on record an Office Order no. 378 dated 09.03.2004 passed under the hand of the respondent no. 3. From the Page No. 3/3 Office Order dated 09.03.2004, it can be noticed that a disciplinary proceeding was initiated against Sankar Basfor by drawing D.P. no. 17/2003. The reason for drawing the disciplinary proceeding was his unauthorized absence from duty with effect from 16.01.2002. Upon conclusion of the disciplinary proceeding, the competent authority finding the charges leveled against the delinquent proved beyond reasonable doubt, ordered for imposition of the penalty of dismissal w.e.f. 26.02.2004. It was further observed, while disposing of D.P. no. 17/2003, that the period of unauthorized absence would not be counted for any payment. 5. When subsequently an application was received from the petitioner as the wife of Sankar Basfor, the respondent authorities had calculated the retirement dues of Sankar Basfor towards GPF and sanctioned an amount of Rs. 58,752/- on 10.10.2023. 6. It is a settled position of law that if a penalty of dismissal is imposed, the delinquent or his dependent is ordinarily not entitled to family pension. From the materials on record, it has emerged that the Office Order dated 09.03.2004 whereby the penalty of dismissal was imposed upon Sankar Basfor has not been put to any challenge till date. Without any assail to the Office Order dated 09.03.2004, the petitioner's prayer for release of family pension cannot be entertained. The petitioner has already been disbursed the entitlement in terms of the Office Order dated 09.03.2004. 7. In view of the above fact situation, the writ petition being devoid of merit, is to be dismissed. It is accordingly ordered. The petitioner is, however, at liberty to resort to appropriate remedy permissible under the law, if so advised. JUDGE Comparing Assistant