Research › Search › Judgment

Gauhati High Court · body

2020 DIGILAW 461 (GAU)

Jyotsna Kakati v. Northeast Frontier Railway

2020-05-05

AJAI LAMBA, SOUMITRA SAIKIA

body2020
JUDGMENT Ajai Lamba, C.J. - The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between the staff, Advocates and the Presiding Judge. 2. In deference to order dated 24.4.2020, learned counsel for respondent Nos.1 to 4 states that the documents along with affidavit are required to be filed. However, on account of existing conditions (lockdown conditions), the same could not be filed. An assurance has been given to the Court that if the conditions are relaxed, the affidavit would be filed. 3. We hereby give liberty to the deponent to prepare and attest the affidavit at the place of his abode and send copy thereof to the counsel for respondent Nos.1 to 4. Learned counsel for the respondents would duly verify the copy to be a copy of the original with the condition that as and when the lockdown conditions are completely relaxed, the original affidavit would also be filed. In any case, Railway Service (Pension) Rules, 1993, declarations made by the employee at various stages of his employment in regard to beneficiary are documents which are filed as statutory provisions or matters of record. Copies thereof may be provided to the learned counsel for the parties, and two copies to the Court during the course of the day. 4. It appears that the issue raised by virtue of this petition might be covered by judgments rendered by Hon'ble Supreme Court of India viz. (1991) 1 SCC 725 [Smt. Violet Issaac & others vs. Union of India & others] ; (1999) 5 SCC 237 [G.L. Bhatia vs. Union of India & another] ; and (2016) 16 SCC 229 [Nitu vs. Sheela Rani & others] . 5. Learned counsel for the parties may study the law and assist the Court accordingly. 6. List on 9.6.2020, high-up on the list. 7. Let copy of this order be provided under the signature of the Court Master.