Page No.# 1/4 GAHC010245312023 2025:GAU-AS:11388 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6355/2023 KUMAR UTPAL BORAH AND ANR SON OF LATE ABANI KANTA BORAH, RESIDENT OF VILLAGE- BAMGAON (B.G. ROAD), P.O. AND P.S.- BISWANATH CHARIALI, DISTRICT- BISWANATH, ASSAM, PIN- 784176. 2: PRASANTA BORAH SON OF LATE ABANI KANTA BORAH RESIDENT OF VILLAGE- BAMGAON (B.G. ROAD) P.O. AND P.S.- BISWANATH CHARIALI DISTRICT- BISWANATH ASSAM PIN- 784176 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, VETERINARY DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE ACCOUNTANT GENERAL ASSAM MAIDAMGAON BELTOLA GUWAHATI- 781029. 3:THE DIRECTOR Page No.# 2/4 ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT ASSAM GUWAHATI- 781003. 4:THE SUB-DIVISIONAL ANIMAL HUSBANDRY AND VETERINARY OFFICER BISWANATH CHARIALI BISWANATH ASSAM Advocate for the Petitioner : MR. D CHAKRABARTY, MS D.CHAKRABARTY Advocate for the Respondent : GA, ASSAM, MS. M M KOTOKY, SC, VETERINARY DEPARTMENT (R-1,R-3,R-4),MS J DAS,SC, AG BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 26.08.2025 1. Heard Mr. D Chakrabarty, learned counsel for the petitioners. Also heard Ms. M.M. Kotoky, learned standing counsel, veterinary Department and Mr. B Sarma, learned standing counsel, Accountant General (A&E). 2. By filing this writ petition, the petitioners who are two brothers of late Dr. Kumar Mohini Mohan Borah, a government servant, working as an Assistant Surgeon at State Veterinary Dispensary, Bihamari at Bedati under the Sub-Divisional A.H. & Veterinary Office, Biswanath Chariali, claim arrears of salary and other post retiral benefits due to their deceased brother. 3. Mr. B Sarma, learned standing counsel, Accountant General (A&E) submits that the dues like GPF has already been paid Page No.# 3/4 to the persons entitled on the death of the government servant and no family pension can be processed as the legal heirs, are not entitled for any family pension. Such position is also not disputed by the learned counsel for the petitioners. 4. Ms. M.M. Kotoky, learned standing counsel, Veterinary Department referring to the affidavit in opposition filed by the Animal Husbandry & Veterinary Department, Assam submits that a proposal for payment of arrear salary amounting to Rs.4,35,391/- was submitted before the government for sanction under letter No.Pl-3536/2020-21/77 dated 19/01/2020 and such amount was also sanctioned for payment. However, the amount could not be disbursed due to non receipt of FOC in the financial year 2021-22. 5. It is the further stand of the respondent that the respondents taken in their affidavit that the proposal was re- submitted to the government by letter No.12/Acctt/arrear salary/2021-22/Pt-V/1213 dated 16/06/2023, however, no sanction has been received during financial year 2023-24. 6. In view of the aforesaid admission of entitlement of arrears of salary and other post retiral dues, this court is of the opinion that this writ petition can be disposed of by directing the Director in the Animal Husbandry & Veterinary Department to carry out the necessary actions and file a fresh proposal for the payment of admitted arrears of salary and other retiral dues due to the legal heirs of the deceased government servant, namely, Dr. Kumar Mohini Mohan Borah, within a period of four weeks from today and thereafter duly assist the Finance Department for doing the needful. Page No.# 4/4 7. A copy of the order shall also be furnished before the Commissioner & Secretary, Finance Department, Govt. of Assam for his notice so that once such proposal is submitted and necessary approval is sought by the Finance Department, the Finance Department can act promptly inasmuch as the payments are admittedly pending since the year 2020 and such amount could not be released for non receipt of FOC. 8. The entire exercise be carried out within a period of two months from the date of receipt of the proposal that may be submitted by the Director, Animal Husbandry & Veterinary Department in terms of the order passed today. 9. The writ petition stands disposed of. JUDGE Comparing Assistant