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2015 DIGILAW 157 (GAU)

AMIRUN NESSA LASKAR v. STATE OF ASSAM

2015-02-11

MICHAEL ZOTHANKHUMA

body2015
Judgment Heard Ms SB Choudhury, learned counsel for the petitioner and Mr A Chetry, learned counsel for the respondent Nos. 3 and 5. Also heard Mr B Gogoi, learned counsel for the respondent No.2 and Mr RM Deka, learned counsel for the respondent Nos. 1, 4, 6,7 and 8. Petitioner’s case is that her husband Abdul Khalique Laskar who had been working as Headmaster of Betcherra Bonopolly ME School, Hailakandi expired on 21.7.87 while in service leaving behind the petitioner (wife) and four children. The petitioner thereafter made representation to the authorities for payment of family pension and other pensionary benefits. As the Service Book of the petitioner’s husband had been lost, the petitioner made another representation to the authorities praying for reconstruction of the Service Book of her late husband to enable her to draw the family pension and other pensionary benefits. The District Elementary Education Officer, Hailakandi issued a letter dated 4.11.2004 to the Director of Elementary Education, Assam stating that the petitioner’s late husband who was the Headmaster of Betcherra Bonopolly ME School had died in harness on 21.7.87 and that on the basis of the prayer of the petitioner, the respondent No.7 had accorded necessary permission for reconstruction of the Service Book of her late husband. The Service Book of the petitioner’s late husband was thereafter reconstructed by the Headmaster of the school i.e. the respondent No.9. The letter also stated that as the Director of Pension was insisting that the Director of Elementary Education should give permission towards reconstruction of the said Service Book, the respondent No.6 requested the respondent No.4 to accord necessary permission towards reconstruction of the said Service Book to facilitate the petitioner in getting family pension. Thereafter, as nothing was being done by the respondents, the petitioner submitted another representation dated 5.12.2011 for payment of family pension which was of no avail. Aggrieved, the petitioner approached this Court by filing the present writ petition with a prayer that the Service Book of her late husband should be reconstructed by the authorities and to release the family pension as well as other pensionary benefits in her favour. Mr A Chetry, counsel for the respondent Nos. 3 and 5 has taken me to the affidavit-in-opposition filed by the said respondents and Para 4 of the same is reproduced below: “4. Mr A Chetry, counsel for the respondent Nos. 3 and 5 has taken me to the affidavit-in-opposition filed by the said respondents and Para 4 of the same is reproduced below: “4. That with regard to the statements made in paragraphs 4, 6 and 7 of the writ petition, under reply, your deponent states that the normal family pension proposal was received by the Directorate and on scrutiny of the same, it was revealed that the service book of the petitioner’s husband was reconstructed, but the approval for the same was revealed to have not been taken from the competent authority. As such, vide the communication bearing no. DP/PR-I/PEN/21463/2001 dated 17.11.2008, the service book in original along with pension proposal was returned to the District Elementary Education Officer, Hailakandi, Assam for necessary corrections and meeting the objections pointed out. It is pertinent to mention here that after the return of the pension proposal, the concerned authority in the Education Department is processing the matter. The pension proposal has not been resubmitted to the Directorate of Pension till date.” Thus, the ball now seems to be with the Directorate of Elementary Education and especially, the respondent No.4 i.e. the Director of Elementary Education for giving permission for the reconstruction and for giving approval to the reconstructed Service Book of the petitioner’s late husband and thereafter to forward the same to the respondent No.5 i.e. the Director of Pension for finalization of the family pension and other pensionary benefits to the petitioner. The counsel for the parties are in agreement that the matter can be disposed of with an appropriate direction to the respondent No.4. Accordingly, it is directed that the respondent No.4 i.e. the Director of Elementary Education, Assam shall give permission to reconstruct the Service Book and thereafter give approval to the reconstructed Service Book of Late Abdul Khalique Laskar within a period of six weeks from the date of receipt of a certified copy of this order. Thereafter, the respondent No.4 shall forward the pension papers of the petitioner’s late husband to the respondent No.6 for processing the family pension and other pensionary benefits payable to the petitioner as permissible under the law within a period of one month thereafter. Thereafter, family pension and other pensionary benefits as applicable will be given to the petitioner by the concerned State authorities within a further period of one month. Thereafter, family pension and other pensionary benefits as applicable will be given to the petitioner by the concerned State authorities within a further period of one month. The petition accordingly stands disposed of. No cost.