Research › Search › Judgment

Gauhati High Court · body

2018 DIGILAW 337 (GAU)

Eva Deka v. State of Assam

2018-02-22

L.S.JAMIR

body2018
JUDGMENT & ORDER : 1. Heard Mr. K.M. Haloi, learned counsel for the petitioner as well as Mr. M.R. Adhikari, learned Addl. Senior Government Advocate for the respondent No. 1 and Mr. H.K. Das, learned counsel appearing for the respondent No. 2 and Mr. A. Hasan, learned counsel appearing for the respondent No. 3. 2. The petitioner's husband Late Nripen Ch. Deka while serving as Peon in the office of the Civil Judge (Junior Division), North Salmara at Abhayapuri was placed under suspension w.e.f. 01.03.2006 by an order dated 10.03.2006 issued by the respondent No. 2. As no disciplinary proceedings was initiated against him, the petitioner's late husband made several representation for withdrawal of his suspension. However, no steps were taken by the respondents. In the meantime, the petitioner's husband died on 10.04.2012. It is the case of the petitioner that till date no retirement benefits has been given to the petitioner and therefore she has filed the present writ petition. It is the further case of the petitioner that apart from the show cause notice dated 03.05.2006 served upon the petitioner's late husband, the departmental proceedings has not proceeded any further. 3. Mr. H.K. Das, learned counsel appearing for the respondent No. 2 submits that there was a delay in compiling the pension papers of the petitioners late husband inasmuch as, the service book of the petitioner's late husband was missing which however has been traced out only recently. He also submits that the arrear pay and dearness allowance has been calculated and the same would be paid to the petitioner within a short period of time. Further submissions has also been made that the documentation of the pension papers of the petitioner's late husband has already been finalized and family pension would be paid to the petitioner and that they would be forwarding the same to the Office of the Accountant General, Assam. He therefore submits that the family pension and retirement benefits of the petitioner's late husband would be paid to the petitioner within a period of 2 (two) months. 4. Mr. A. Hasan, learned counsel appearing for the Accountant General, Assam, submits that they have not received any pension papers from the respondent No. 2 till date and as and when the pension papers are received, the office of the Accountant General, Assam would process the matter without any delay. 5. 4. Mr. A. Hasan, learned counsel appearing for the Accountant General, Assam, submits that they have not received any pension papers from the respondent No. 2 till date and as and when the pension papers are received, the office of the Accountant General, Assam would process the matter without any delay. 5. Considering the submissions made and upon hearing learned counsel for the parties, this writ petition is disposed of with a direction to the respondent Nos. 2 and 3 to expedite payment of family pension to the petitioner at the earliest but not later than 2 (two) months from today. The arrear pay and dearness allowance should be paid to the petitioner within a period of 1 (one) month from today. 6. It is also directed that the respondent No. 2 shall take appropriate steps for regularizing the suspension period of the petitioner's late husband i.e. 01.03.2006 to 09.04.2012 in accordance with law. Let such exercise be also completed within a period of 2 (two) months from today. 7. With the above directions, this writ petition is disposed of.