Page No.# 1/5 GAHC010280852023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7300/2023 BULU BEGUM W/O- LATE IDRISH ALI, R/O- ARB ROAD, KHUTIKATIA, P.O- HAIBARGAON, DIST- NAGAON, ASSAM, PIN-782002 VERSUS THE STATE OF ASSAM AND 12 ORS REP. BY THE PRINCIPAL SECRETARY, TO THE GOVT. OF ASSAM, LABOUR WELFARE DEPARTMENT, DISPUR, GUWAHATI, PIN- 781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT DISPUR JANATA BHAWAN GUWAHATI ASSAM PIN- 781006. 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI ASSAM PIN- 781006. 4:THE SECRETARY Page No.# 2/5 TO THE GOVT. OF ASSAM LABOUR WELFARE DEPARTMENT DISPUR GUWAHATI PIN- 781006. 5:THE LABOUR COMMISSIONER ASSAM GOPINATH NAGAR GUWAHATI-16 6:THE ADDITIONAL LABOUR COMMISSIONER OFFICE OF THE LABOUR COMMISSIONER ASSAM GOPINATH NAGAR GUWAHATI-16 7:THE ASSISTANT LABOUR COMMISSIONER TEZPUR ZONE III TEZPUR P.O- TEZPUR DIST- SONITPUR ASSAM PIN-784001 8:THE ASSISTANT LABOUR COMMISSIONER DHUBRI P.O AND DIST- DHUBRI ASSAM PIN-783301 9:THE ASSISTANT LABOUR COMMISSIONER P.O- BISWANATH CHARIALI DIST- SONITPUR ASSAM PIN-784176 10:THE LABOUR OFFICER BISWANATH CHARIALI P.O- BISWANATH CHARIALI DIST- SONITPUR ASSAM Page No.# 3/5 PIN-784176 11:THE LABOUR INSPECTOR P.O- BEHALI DIST-SONITPUR ASSAM PIN-784166 12:THE PRINCIPAL ACCOUNTANT GENERAL (A AND E) ASAM O/O THE ACCOUNTANT GENERAL MAIDAMGAON BELTOLA GUWAHATI-29 13:THE TREASURY OFFICER BISWANATH CHARIALI TREASURY P.O- BISWANATH CHARIALI DIST-SONITPUR ASSAM PIN-78417 Advocate for the Petitioner : MR. P D NAIR, MS S GOYAL,MR. H ROHMAN,MR. A CHETRY,MR G ALAM Advocate for the Respondent : GA, ASSAM, SC, AG,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 07-01-2025 Heard Mr. A. Chetry, learned counsel for the writ petitioner. Also heard Ms. U. Sarma, learned Govt. Advocate, Assam appearing for the State and Mr. C. Baruah, learned standing counsel, AG(A&E), Assam who is present on behalf of respondent No. 12. Mr. P. Nayak, learned standing counsel, Finance Department, Assam is present on behalf of respondent Nos. 3 and 13. 2. The facts of the case, in a nutshell, are that the deceased husband of the writ Page No.# 4/5 petitioner was appointed in the establishment of Labour Commissioner, Assam, in a Gr-IV post (peon) on 03-08-1976, in which post he had served till his superannuation. The husband of the petitioner Md. Idrish Ali has expired on 06-07-2021. As per rules, the deceased husband of the writ petitioner was entitled to pension as well as other retirement benefits such as, DCRG, GPF, GIS, leave salary etc. As such, after the demise of her husband, the petitioner was paid provisional family pension vide office order dated 24-12-2021. However, the grievance of the petitioner is that her family pension has not yet been finalised. Moreover, the retirement benefits have also not been paid to her in full till date. Hence, this writ petition. 3. It appears that taking the plea that the deceased husband of the petitioner, viz. Idrish Ali’s had overstayed in service beyond the age of superannuation, the authorities have even reduced the provisional family pension initially paid to the petitioner. 4. Mr. Chetry submits that even assuming that the correct age of superannuation of the petitioner was on 30-10-2015 as claimed by the department and not 05-03-2021, even then, the writ petitioner would be entitled to family pension and other retirement dues payable on account of her deceased husband. As such, submits Mr. Chetry, there cannot be any justifiable ground for withholding the retirement benefits by the authorities. 5. The respondent No. 6, i.e. the Addl. Labour Commissioner has filed affidavit taking the plea that as per the school certificate the date of the birth of the deceased husband of the petitioner, is 30-10-1955 and therefore, he ought to have been retired from service on attaining the age of superannuation on 31-10-2015. Notwithstanding the same, the deceased husband of the petitioner continue to serve till 05-03-2021. That apart, despite the superannuation notice dated 01-06-2020 served upon him, the deceased husband of the petitioner did not raise any objection. 6. After hearing the submissions made at the Bar, what transpires is that the only reason for which the pension and other retirement dues of Idrish Ali have not been finalised till today is on account of the fact that there is some anomaly as regards his Page No.# 5/5 actual date of retirement. Since Mr. Chetry is not contesting the claim of the department as regard the actual date of birth of the deceased husband of the petitioner, which is 30- 10-1955 and considering the submission made by Mr. Chetry that the petitioner would be satisfied if the family pension and other retirement dues, as noted above, are computed by the authorities by taking the date of superannuation of the petitioner’s husband as 30- 10-2015, this Court is of the opinion that there would be no necessity for this Court to enter into the controversy as regards the correct date of superannuation of the deceased husband of the petitioner. 7. Situated thus and with the consent of the learned counsel for both the sides, this writ petition is being disposed of by providing that the respondents may compute the family pension and other retirement dues payable to the petitioner on account of her deceased husband Idrish Ali by taking his date of retirement from service as 30-10-2015. Thereafter, the balance amount, including the arrear dues, if any, shall be released in favour of the writ petitioner. In the said process, if any clarification is sought by the office of the Principal AG(A&E), the same shall be furnished by the departmental authorities without any undue delay. The aforesaid exercise be carried out and completed within a period of 03 months from the date of receipt of a certified copy of this order. Till such stage is reached, the authorities shall continue to pay the provisional family pension to the petitioner at the existing rate. With the above observation, this writ petition stands disposed of. JUDGE GS Comparing Assistant