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2025 DAILYLAW 5836 (GAU)

KUNJALATA MEDHI @ KUNJALATA MEDHI NATH v. THE STATE OF ASSAM AND 5 ORS

WP(C)/369/2025 · 2025-03-16

Suman Shyam

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010008672025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/369/2025 KUNJALATA MEDHI @ KUNJALATA MEDHI NATH W/O- LT. TULSHI KUMAR NATH, EX-CONSTABLE/838, ASRF, RESIDENT OF BARUA DOLONI, TEZPUR (MB), P.O.- BAPUBHETI, DIST.- SONITPUR, ASSAM, PIN- 784133. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, HOME DEPARTMENT, ASSAM. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCES DISPUR GUWAHATI-6. 3:THE DIRECTOR GENERAL OF CIVIL DEFENCE AND COMMANDANT GENERAL OF HOME GUARDS ASSAM BELTOLA GUWAHATI-28. 4:THE COMMANDANT ASSAM INDUSTRIAL SECURITY FORCE BN-1 (AISF) BAHBARI ASSAM. 5:THE ACCOUNTANT GENERAL ASSAM TRINAYAN PATH Page No.# 2/4 KRISHNAPUR BELTOLA TINIALI GUWAHATI- 781029. 6:THE TREASURY OFFICER TEZPUR SONITPUR PIN- 784001 Advocate for the Petitioner : MS. S B CHOUDHURY, MRS. S RAUTH,MR. S K DAS Advocate for the Respondent : GA, ASSAM, MR. SK MEDHI, (R-5), SC, AG,SC, TREASURY,MR. SK MEDHI, (R-5), SC, AG BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 17-03-2025 Heard Ms. S.B. Choudhury, learned counsel for the writ petitioner. Also heard Mr. D. Bora, learned Govt. Advocate, Assam appearing for the respondent Nos. 1 to 4, Mr. S.K. Medhi, learned standing counsel, AG(A&E), Assam for respondent No. 5 and Mr. P. Nayak, learned standing counsel, Finance Department, Assam appearing for the respondent No. 6. The deceased husband of the petitioner was serving as Constable in the Assam State Reserve Force (ASRF). He expired on 18-08-2024. After the death of her husband, the petitioner had applied for family pension. Alleging that her application for family pension has not been acted upon till date, the petitioner has approached this Court by filing the instant writ petition. In terms of the order dated 10-02-2025, Mr. D. Bora, learned Govt. Advocate, Page No.# 3/4 Assam has obtained para-wise comments/ written instructions and place the same before this Court. As per the written instruction dated 15-02-2025, issued by the Commandant, AISF Bn-I, Bahbari, Sonitpur, it has been admitted that the petitioner did make a representation dated 16-12-2024 seeking family pension. However, she did not submit the necessary and relevant documents, as a result of which, her claim could not be processed. Responding to the above, Ms. Choudhury, learned counsel for the petitioner submits that if that is the issue, then her client will submit the necessary documents within 03 weeks from today. Mr. Bora has submitted that once the documents are received, the claim of the petitioner for release of family pension will be processed in accordance with law. Taking note of the submission made at the Bar and with the consent of the learned counsel for both the sides, this writ petition stands disposed of by providing that within 03 weeks from today necessary documents, as mentioned in the para-wise comments/ written instruction dated 15-02-2025, be furnished by the petitioner before the appropriate authorities. Upon receipt of the same, the representation/ application for grant of family pension submitted by the writ petitioner be processed, as expeditiously as possible, so as to bring to its logical end. With the above observations, this writ petition stands disposed of. A copy of the para-wise comments/ written instruction be retained in the record of Page No.# 4/4 this case. JUDGE GS Comparing Assistant