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2014 DIGILAW 239 (GAU)

RANENDRA WARY v. STATE OF ASSAM

2014-02-26

B.P.KATAKEY

body2014
JUDGMENT & ORDER (ORAL) The petitioner, who is the son of Late Bishnu Charan Boro, the former Tax Collector of Jaleswari Gaon Panchayat under Bongaigaon Zilla Parishad, who expired on 25th October, 1992, has filed the present petition claiming the retiral benefit payable to Bishnu Charan Boro and also the family pension payable to the petitioner’s mother, namely, Smti. Subashi Wary, who died on 26th March, 2006, and has not been paid the retiral benefit payable to Bishnu Charan Boro and the family pension payable to his mother, during her lifetime. [2] I have heard Mr. SK Swargiary, learned counsel for the petitioner, Mr. J Handique, learned State counsel appearing for the respondent Nos.1, 3 and 4 and Mr. UK Nair, learned standing counsel, Pension & Public Grievances Department appearing for the respondent No.2. The respondent Nos.5 and 6 are not represented before this Court. [3] Mr. Swargiary, learned counsel for the petitioner referring to the provisions contained in Sub-Section (2) of Section 4 of the Assam Panchayat Employees (Provincialisation) Act, 1999 (in short, “the 1999 Act”) has submitted that since the petitioner’s father’s service was provincialised being a panchayat employee, he was entitled to retiral benefits payable under the provisions of the Assam Services (Pension) Rules, 1969 (in short, “the 1969 Rules”). It has also been submitted that after the death of the petitioner’s father, his wife was also entitled to family pension under the provisions of the 1969 Rules. The learned counsel further submits that since the retiral benefit payable to the petitioner’s father as well as the family pension payable to the petitioner’s mother, apart from the family pension payable to the youngest daughter, who at the time of death of the mother was about 14 years old, have not been paid, the petitioner has approached this Court for issuance of a direction to the respondent authorities to pay the aforesaid amount and to distribute the same in equal proportion amongst all the heirs of Bishnu Charan Boro. [4] Mr. Handique, learned State counsel as well as Mr. Nair, learned standing counsel, Pension & Public Grievances Department have submitted that if any amount is due and payable towards the retiral benefit of Bishnu Charan Boro as well as the family pension to the petitioner’s mother as well as to the youngest sister, namely, Ms. Ribika Wary, the same would definitely be paid. Nair, learned standing counsel, Pension & Public Grievances Department have submitted that if any amount is due and payable towards the retiral benefit of Bishnu Charan Boro as well as the family pension to the petitioner’s mother as well as to the youngest sister, namely, Ms. Ribika Wary, the same would definitely be paid. Referring to the office order dated 12th February, 2014 issued by the Commissioner, Panchayat & Rural Development, Government of Assam, Mr. Handique, learned State counsel further submits that an amount of Rs.16,860/- has already been sanctioned as provisional DCRG payable to Late Bishnu Charan Boro and the said amount would be paid, apart from the final amount towards the DCRG to be ascertained by the Director. Referring to another communication dated 13th February, 2014, it has also been submitted that the Joint Director, Office of the Commissioner of Panchayat & Rural Development has already requested the Director of Pension by the said letter, to finalize the proposal relating to the family pension payable after the death of Late Bishnu Charan Boro, apart from finalization of the amount payable towards the DCRG and as soon as the same is finalized, the same shall be paid. [5] Mr. Nair, learned standing counsel also submits that the Director of Pension would finalize the amount payable towards the family pension to the family members of Bishnu Charan Boro, apart from the DCRG payable. [6] In the instant case, the entitlement of the DCRG as well as the family pension under the provisions of the 1969 Rules is not in dispute. It appears from the office order dated 12th February, 2014 issued by the Commissioner, Panchayat & Rural Development that the provisional DCRG of Rs.16,860/- has been sanctioned. It also appears from the communication dated 13th February, 2014 addressed to the Director of Pension that the said authority has been requested to finalize the family pension as well as the DCRG payable. The heir-ship certificate issued by the Sub-Divisional Officer (Civil), Gossaigaon reveals that apart from the petitioner, following are the heirs of Late Bishnu Charan Boro:- 1) Miss. Birala Wary : Daughter, 30 years, 2) Sri Ranendra Wary : Son, 24 years, 3) Miss. Minijuli Wary : Daughter, 20 years, 4) Sri Biligraham Wary : Son, 18 years, 5) Miss. Ribika Wary : Daughter, 14 years. Birala Wary : Daughter, 30 years, 2) Sri Ranendra Wary : Son, 24 years, 3) Miss. Minijuli Wary : Daughter, 20 years, 4) Sri Biligraham Wary : Son, 18 years, 5) Miss. Ribika Wary : Daughter, 14 years. [7] The petitioner having attained the age of 18 years, on the date when his mother expired, is not entitled to family pension. However, Ms. Ribika Wary, who was 14 years old on the date of death of her mother, was, however, entitled to family pension with effect from the date of death of the mother till she attains the age of 21 years or has married, whichever is earlier. There is also no dispute that the petitioner’s mother was entitled to family pension with effect from the date of death of Bishnu Charan Boro till her death, namely, with effect from 25th October, 1992 to 26th March, 2006, which amount has not been paid as yet. It is also not in dispute that no DCRG has been paid to the heirs of Bishnu Charan Boro. [8] In view of the aforesaid position, the writ petition is allowed with the following directions: (i) The Director, Panchayat & Rural Development shall, within a period of 45 days from today, finalize the DCRG payable to the heirs of Bishnu Charan Boro and sanction the amount, less the provisional DCRG as sanctioned by the Government vide office order dated 12th February, 2014. The amount so determined and sanctioned shall be distributed amongst all the heirs of Bishnu Charan Boro, namely, (1) Ms. Birala Wary; (2) Sri Ranendra Wary; (3) Miss. Minijuli Wary; (4) Sri Biligraham Wary and (5) Miss. Ribika Wary in equal proportion. The provisionsal DCRG sanctioned vide office order dated 12th February, 2014 shall also be paid to all the aforesaid heirs in equal proportion. (ii) The Director of Panchayat shall finalize the family pension payable to Subashi Wary, the widow of Bishnu Charan Boro, within a month from today and sanction the amount. The amount so sanctioned shall be paid to the heirs of Bishnu Charan Boro, as mentioned above, in equal proportion. (iii) The Director of Panchayat & Rural Development Department, within 15 days from today, shall send the required proposal to the Director of Pension relating to the family pension payable to Ms. Ribika Wary. The amount so sanctioned shall be paid to the heirs of Bishnu Charan Boro, as mentioned above, in equal proportion. (iii) The Director of Panchayat & Rural Development Department, within 15 days from today, shall send the required proposal to the Director of Pension relating to the family pension payable to Ms. Ribika Wary. The Director of Pension shall within 1(one) month thereafter, finalize the matter relating to family pension payable to Ms. Ribika Wary and sanction the amount and pay the same to Ms. Ribika Wary. (iv) Since the DCRG and the family pension payable has not so far been paid, the amount found to be due and payable would carry interest @ 12% per annum from the date when it was found to be due and payable till the date of payment. The interest accrued on the DCRG and the family pension payable to Subashi Wary, widow of Bishnu Charan Boro, shall be paid to all the heirs of Bishnu Charan Boro in equal proportion, alongwith the principal amount. The interest payable in respect of the family pension payable to Ribika Wary shall be paid to her. (v) The payment of interest on the DCRG and the family pension payable shall be the responsibility of the Commissioner & Secretary to the Government of Assam, Panchayat & Rural Development Department. (vi) The aforesaid amount alongwith the interest shall be paid within a period of 2(two) months from today. [9] The writ petition is accordingly allowed. No costs. [10] Copies of this order be furnished to Mr. Handique, learned State counsel and Mr. Nair, learned standing counsel, for onward transmission to the authorities concerned. [11] Copies of the aforesaid office order dated 12th February, 2014 and the communication dated 13th February, 2014, as produced by Mr. Handique, learned State counsel, are kept on record.