Gauhati High Court
WP(C)/5768/2010 of MARZINA RAHMAN @ MARZINA KHATOON Vs THE STATE OF ASSAM AND ORS on 23 December 2010
BEFORE THE HON’BLE MR JUSTICE HRISHIKESH ROY The petitioner, whose husband served as an Accounts Officer in the PWD (Roads) D vn. of Hamren, has approached this Court for the second time as she has not been granted the family pension and other dues, despite orders passed by the Court o n
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WP(C) 5768/2010BEFORE
THE HON’BLE MR JUSTICE HRISHIKESH ROY
The petitioner, whose husband served as an Accounts Officer in the PWD (Roads) Dvn. of Hamren, has approached this Court for the second time as she has not beengranted the family pension and other dues, despite orders passed by the Court on 16.6.2009in the earlier round of litigation i.e. in WP(C) No. 4259/08.It is pointed out by Mr. MH Rajbarbhuyan, learned counsel for the petitioner that unnecessary clarification was sought on 2.9.09 (Annexure-12) by the Office of the Accountant General (P&F) from the Finance (Establishment-B) Department with regard to the recoverable amount from the dues payable on account of the missinghusband of the petitioner.
However, Mr. B. Gogoi, learned standing counsel for the Finance(Establishment-B)Department has produced a copy of the notification dated 19th November, 2010 where a decision of the authority is incorporated to show that no recovery of any amount against the missing Govt. servant is now contemplated. A copy of the saidnotification dated 19.11.2010 has also been forwarded to the Office of the Accountant General.Ms. R. Deka, learned standing counsel for the PWD submits that in view of the clarification made, there will be no difficulty for the petitioner to receive the family pension and other dues.
On consideration of the submissions made and after hearing Mr. C. Barua, learnedcounsel representing the Accountant General, I am inclined to direct the respondents to take into account the notification issued on 29.11.2010 by the Joint Secretary to the Govt. of Assam, Finance (Establishment-B) Department and to take necessary steps thereafter, to ensure payment of the family pension and other dues to the petitioner, whose husband was abducted on 24.3.1995 from Hamren while serving as an Accounts Officer in the PWD.
In view of the fact that the petitioner has been denied the dues since a long time, the respondents are directed to complete the entire exercise expeditiously and preferably on or before 28.2.2011. The writ petition is ordered accordingly.A copy of the notification dated 19.11.2010 furnished by Mr. B. Gogoi shall be kept in the case record.