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2025 DAILYLAW 25495 (GAU)

KAVE BEYPI v. THE STATE OF ASSAM and 9 ORS.

WP(C)/8108/2017 · 2025-12-10

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010225032017 2025:GAU-AS:17129 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/8108/2017 KAVE BEYPI W/O LT. SARSING ENGTI VILL- TIN ALUM, P.O. ULUKUNCHI P.S. BAITHALANGSO, DIST. WEST KARBI ANGLONG, PIN - 782413, ASSAM VERSUS THE STATE OF ASSAM and 9 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT.OF ASSAM, EDUCATION SECONDARY DEPARTMENT, DISPUR, GUWAHATI-6, DIST. KAMRUP M, ASSAM 2:THE COMMISSIONER and SECRETARY TO THE GOVT. ASSAM PENSION and PUBLIC GRIEVANCES DEPARTMENT DISPUR GUWAHATI-6 DIST.KAMRUP M ASSAM 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI -19 DIST. KAMRUP M ASSAM 4:THE INSPECTOR OF SCHOOLS KARBI ANGLONG DISTRICT CIRCLE DIPHU P.O. DIPHU PIN- 782460 Page No.# 2/4 DIST. KARBI ANGLONG ASSAM 5:THE ADDITIONAL DIRECTOR OF EDUCATION HILLS ASSAM HAFLONG PIN - 788819 DIST. DIMA HASAO ASSAM 6:THE PRINCIPAL SECRETARY KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU DIST. KARBI ANGLONG P.O. DIPHU PIN - 782460 ASSAM 7:THE DIRECTOR OF PENSION HOUSEFED COMPLEX DISPUR GUWAHATI -6 DIST. KAMRUP M ASSAM 8:THE ACCOUNTANT GENERAL A andE MAIDAMGAON BELTOLA P.O. BELTOLA GUWAHATI -29 DIST. KAMRUP M ASSAM 9:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06 DIST. KAMRUP M ASSAM. 10:THE TREASURY OFFICER DIPHU PO. DIPHU DIST. KARBI ANGLONG PIN - 782460 Page No.# 3/4 ASSA Advocate for the Petitioner : MR.D BORAH, MR.R DOWARAH Advocate for the Respondent : SC, SECONDARY EDUCATION, MR. P SAIKIA, G.A., ASSAM,MR.C BARUAH,SC, AG,SC, K A A C,SC, FINANCE,MRJ CHUTIA BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 11.12.2025 Heard Mr. D. Borah, learned counsel for the petitioner. Also heard Ms. D.D. Barman, learned Additional Senior Government Advocate appearing for the respondents No. 2 and 7; Mr. A. Chalilha, learned counsel for the respondent No. 9 and 10; Mr. B. Deuri, learned counsel for the respondents No. 2 and 7; Mr. R. Boro, learned counsel for the respondent No.8 and Ms. S. Kemprai, learned counsel for the respondent No.4. The petitioner has filed this petition for a direction to release the arrear as well as current family pension as per ROP in respect of her husband late Sarsing Engti, who died on 17.05.2010 while in service as Grade-IV in Amri High School. During the pendency of the writ petition, the petitioner has been granted provisional family pension vide order dated 04.04.2019 thereafter regular family pension vide order dated 17.04.2021 by the Director of Pension. Thus, essentially, the grievance of the petitioner appears to have been redressed, except the claim for interest for delayed payment. After hearing the learned counsel for the parties and on perusal of the materials brought on record, prima facie, does not indicate that delay in payment of family pension was on account of the fault of the respondents fully, which may entitle interest for such delayed payment. Confronted with such situation, learned counsel for the petitioner fairly submits that he may be allowed to withdraw the writ petition with liberty to approach afresh with better particulars claiming interest for delayed payment of family pension. Considered above, the prayer for withdrawal is accepted with liberty as prayed for. Page No.# 4/4 Accordingly, the writ petition stands closed on withdrawal with liberty to the petitioner to approach afresh with better particulars as may be permissible under the law. JUDGE Comparing Assistant