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2015 DIGILAW 122 (GAU)

RUPAMAI BORA v. STATE OF ASSAM

2015-02-05

MICHAEL ZOTHANKHUMA

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Judgment Heard Mr H Talukdar, learned counsel for the petitioner. Also heard Ms KK Choudhury, learned counsel for the respondent Nos. 1 and 3; Mr A Chetry, learned counsel for the respondent No.2; Ms J Gogoi, learned counsel for the respondent Nos. 4 and 5 and Mr A Hassan, learned counsel for the respondent No.6. Mr Hassan, counsel for the respondent No.6 has submitted that the pension papers in respect of the petitioner were received from the Department of Handloom, Textile & Sericulture, Govt. of Assam on 2.1.2015. However, the said pension papers were sent back to the Joint Secretary, Handloom, Textile & Sericulture Department as they were incomplete on two counts:- (i) Regularization order was not among the pension papers; (ii) Initial engagement/ pay voucher of the petitioner’s husband was also not among the pension papers. Mr Hassan further submits that as soon as the regularization order and initial engagement/ pay voucher of the petitioner’s husband is submitted along with the rest of the pension papers as submitted earlier, the family pension of the petitioner can be processed for final payment. Thus, the case basically boils down to submission of the regularization order and initial engagement/ pay voucher by the Handloom, Textile & Sericulture Department to the office of the Accountant General, Assam. With regard to the submission of regularization order, the counsel for the respondents have also been made aware of Annexure-2 to the writ petition which is a copy of the regularization order of the petitioner’s husband. Thus, the question of the office of the Accountant General requiring another copy of the regularization order needs no further consideration. Ms J Gogoi, counsel for the respondent Nos. 4 and 5 has produced a copy of the affidavit filed by the said respondents and in para 3(vi) thereof, it has been stated, “That the petitioner only in the month of September, 2014 appeared before the office of the Superintendent of Sericulture, Maibang, Dima Hasao and submitted necessary documents for processing of pension papers. Immediately after receiving all particulars from the petitioner, the pension papers were forwarded to the Director, Sericulture, Assam, Guwahati vide office letter No. SSME.3/2009-10/35 dated 12.09.2014. Hence the matter is now pending before the Director, Sericulture, Assam.”. Ms KK Choudhury, counsel for the respondent Nos. Immediately after receiving all particulars from the petitioner, the pension papers were forwarded to the Director, Sericulture, Assam, Guwahati vide office letter No. SSME.3/2009-10/35 dated 12.09.2014. Hence the matter is now pending before the Director, Sericulture, Assam.”. Ms KK Choudhury, counsel for the respondent Nos. 1 and 3 has produced a copy of the affidavit filed by the respondent No.1 which is not a part of the record at present and has taken me to Para 4 of the said affidavit wherein it has been stated, “The Director of Sericulture on its part has submitted the pension papers to the Govt. of Assam in the Handloom, Textile & Sericulture Deptt. on 22.09.2014 vide letter No. SADP.147/2014/279189. Accordingly the Department returned the papers raising certain queries on 20th October, 2014. The Director of Sericulture submitted its reply after clarifying the observation on 24th December, 2014. The Department of Handloom Textile & Sericulture Govt., of Assam has finally after due process cleared the papers and forwarded to the Accountant General, Assam for accord of necessary finalization of family pension and pensionary benefits on 01.01.2015 vide letter No. HTS.227/2014/57.” It is thus apparent that the entire matter now hinges on the regularization order and the initial engagement/ pay voucher to be furnished to the respondent no.6. As stated earlier, the regularization order being annexed as Annexure-2 to the writ petition, the only requirement is furnishing of the initial engagement/ pay voucher. Since all the papers were complete at the time of furnishing the same to the respondent No.6, as would appear from the statements made in the affidavits, it is the duty of the respondents to immediately trace out the initial engagement/ pay voucher and thereafter to finalise the pension of the petitioner. There can be no excuse for now contending that some documents are missing as the respondents who are responsible for collecting the pension papers have clearly stated in their affidavits that all the necessary documents have been furnished. In that view of the matter, the respondent Nos. 1, 4 and 5 are directed to submit the regularization order and initial engagement/ pay voucher of the petitioner’s husband after tracing out the same within a period of three weeks from today whereafter the necessary pension papers shall be sent to the office of the Accountant General. In that view of the matter, the respondent Nos. 1, 4 and 5 are directed to submit the regularization order and initial engagement/ pay voucher of the petitioner’s husband after tracing out the same within a period of three weeks from today whereafter the necessary pension papers shall be sent to the office of the Accountant General. The counsel for the petitioner has produced a copy of the minutes of the discussion held on 31.5.2013 in the office chamber of the Commissioner & Secretary regarding pension and pensionary benefits of regularized muster roll workers wherein it has been resolved that in case the Department fails to produce authentic documents as required to settle pension cases of regularized muster roll workers, the concerned Executive Engineer will issue certificate about actual engagement indicating the date of initial appointment and the Chief Executive and the Commissioner & Secretary will put counter signature to accommodate those cases. In the instant case also if the Department is unable to trace out the initial engagement/ pay voucher of the petitioner’s husband, the respondents shall issue a certificate indicating the date of initial engagement/ pay voucher of the petitioner’s husband signed by the respondent Nos. 1, 4 and 5 and the same shall be considered to be as good as the authentic initial engagement/pay voucher for the purpose of this case. The said certificate shall thereafter be treated as an authentic initial engagement/ pay voucher by the office of the Accountant General, Assam. Registry is directed to place on record the affidavit-in-opposition stated to have been filed on behalf of the respondent No.1 and the affidavit-in-opposition stated to have been filed by the respondent Nos. 4 and 5. List again on 11.3.2015. A copy of this order be furnished to the counsel for the respondent Nos. 1, 4 and 5 for compliance.