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2017 DIGILAW 305 (GAU)

Chandra Kamal Borah v. State of Assam

2017-03-10

SUMAN SHYAM

body2017
JUDGMENT : Heard Mr. S.C. Biswas, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned Standing Counsel, Elementary Education Department, Assam appearing on behalf of the respondents. 2. The writ petitioner was an employee of the Government of Assam in the Education Department and he retired from service on attaining the age of superannuation with effect from 31.12.2013 in the post of Deputy Inspector of Schools, Dhakuakhana. The grievance of the petitioner is that although he has retired from service more than three years back, no retirement benefit has been given to him till today. Mr. Biswas submits that even the representation dated 12.08.2014 (Annexure-2 to the writ petition) filed by the petitioner seeking early payment of pensionary benefit have failed to evoke any response as a result of which the petitioner has been compelled to approach this Court by filing the present writ petition. 3. Noticing that the respondents have not filed any affidavit despite notice of motion having been issued in the matter way back on 16.09.2015 this Court had directed the Standing Counsel to call for the presence of the concerned departmental officials and accordingly Mr. Upen Chakraborty, Deputy Secretary to the Government of Assam, Elementary Education Department as well as Mr. Abdur Rejak, Deputy Director, Elementary Education, Assam are personally present. The said officers have submitted that the petitioner has not yet submitted any papers permitting the department to process his claim for pension and other retirement dues. According to the officers present, this is the only reason why there has been delay in processing the pension claim of the petitioner. 4. Having regard to the grievance expressed in the writ petition and considering the stand of the department in the matter, I am of the view that no practical purpose would be served by keeping this writ petition pending before this Court any further. 5. In view of the above, this writ petition is disposed of by directing the petitioner to submit the necessary pension papers within two weeks from today through proper channel. In the event the papers as per requirement of the Rules is submitted by the petitioner within the time as mentioned above, the same will be processed by the department at the earliest so as to ensure that the retirement dues including the pension of the petitioner is paid to him without any further delay. In the event the papers as per requirement of the Rules is submitted by the petitioner within the time as mentioned above, the same will be processed by the department at the earliest so as to ensure that the retirement dues including the pension of the petitioner is paid to him without any further delay. The respondent No.2 is directed to monitor the matter and take all necessary steps so as to ensure that the petitioner is paid his retirement dues within a period of one month from the date of receipt of the complete papers to be filed by the petitioner. 6. Mr. C. Baruah, learned Standing Counsel, AG, Assam, assures this Court that the matter would be processed with utmost expedition and immediately after receipt of the papers from the department, the needful will be done. 7. With the above observation this writ petition stands disposed of.