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2018 Supreme(Gau) 1581
IN THE HIGH COURT OF GAUHATI
M.R. PATHAK, J.
Anjali Sharma Dutta and Ors - Appellant
Versus
State of Assam and Ors - Respondent
W.P.(C) Nos. 4724 and 5039 of 2017
Decided On : 17-09-2018
For the Appellant :C.P. Sharma and A. Chamuah, Advocates
For the Respondent:B. Kaushik, R.K. Talukdar, A.R. Shome, Advocates and D. Das Barman, G.A.
Headnote:
Constitution of India, 1950 - Articles 31, 19, 309, 142, 162, 226 and 227 - Guardians and Wards Act, 1890 - Section 10 - Assam Services Rules, 1969 - Sections 135 and 136 - Pension - At time of his death said left behind his wife his mother and his son - Though his father Retired Principal of Higher Secondary School was alive at time of his death but he died later - Said being an Assistant Professor in a provincialised College was a Government employee and on his death his family members claimed benefit of pension under provisions - As issues involved in two writ petitions are same and as agreed by parties both writ petitions are taken up together for final consideration - Petitioners have filed writ petitions claiming for Family Pension and other Pensionary benefits for death who died-in-harness - Held, For reasons above and following provisions a statutory Rule and law settled by Honble Supreme Court of India as noted concerned official respondents are directed to release Family Pension of said regular Assistant Professor in Department of Political Science in College of District Assam who died-in-harness to his wife only and respondent No - 7 with effect from date same is due to her - Similarly official respondents herein are directed to pay all other pensionary and other financial benefits like Death-cum-Retirement Gratuity Leave Encashment Benefit Provident Fund amount Group Insurance Scheme amount and Arrear Salary etc - Standing in credit of deceased said Assistant Professor College of District Assam in equal shares to his wife and son and respondent No - 7 and petitioner No - 2 and respondent No - 8 respectively - Writ petitions are allowed.
M.R. PATHAK, J.
1. Heard Mr. C.P. Sharma along with Mr. A Chairman, learned counsels for the petitioner in W.P.(C) No. 4724/2017. Also heard Mr. B Kaushik, learned Standing counsel, Higher Education for the respondent No. 2, Mr. R.K. Talukdar, Standing counsel for the Accountant General (A & E), Assam for the respondent No. 3, Ms. D. Das Barman, learned Government Advocate for the Directorate of Pension, Assam respondent No. 4 and Mr. A.R. Shome, learned counsel for the private respondent Nos. 7 and 8.
2. In W.P.(C) No. 5039/2017, heard Mr. A.R. Shome, learned counsel for the petitioners and Mr. B. Kaushik, learned Standing counsel, Higher Education, for the respondent Nos. 1, 2, 3 and 5. Also heard Mr. R.K. Talukdar, learned Standing counsel for the Accountant General (A & E), respondent No. 4 and Mr. C.P. Sarma along with Mr. A. Chamuah, learned counsels for the respondent No. 7.
3. Petitioner of W.P.(C) No. 4724/2017 as well as the petitioners of W.P.(C) No. 5039/2017 have filed the writ petitions claiming for Family Pension and other Pensionary benefits for the death of Rupjyoti Prasad Dutta, who died-in-harness on 20.12.2011.
4. Said Rupjyoti Prasad Dutta, was a regular Assistant Professor in the Department of Political Science in Kharupetia College of Darrang District, Assam whose service was provincialised w.e.f. 01.12.2005, when said College was brought under provincialisation under the provisions of the Assam College Employees (Provincialisation) Act, 2005.
5. At the time of his death said Rupjyoti Prasad Dutta, left behind his wife, Smti. Anjali Sarma Dutta [petitioner in W.P.(C) No. 4724/2017], his mother Smti. Nalini Dutta [petitioner No. 1 in WP(C) No. 5039/2017] and his son Sri Abhigyan Dutta [petitioner No. 2 in W.P.(C) No. 5039/2017]. Though his father Laxmi Prasad Dutta, Retired Principal of Dalgaon Higher Secondary School was alive at the time of his death, but he died later.
6. Said Rupjyoti Prasad Dutta, being an Assistant Professor in a provincialised College was a Government employee and on his death, his family members claimed the benefit of pension under the provisions of the Assam Service (Pension) Rules, 1969.
7. As the issues involved in the two writ petitions are same and as agreed by the parties, both the writ petitions are taken up together for final consideration.
In W.P.(C) No. 4724/2017--
8. Petitioner herein, Smti. Anjali Sarma Dutta is the wife of Late Rupjyoti Prasad Dutta and is the daughter-in-law of Smti. Nalini Dutta and mother of Sri Abhigyan Dutta, i.e. respondent Nos. 7 and 8 in this petition who are the petitioners of the connected W.P.(C) No. 5039/2017.
9. The petitioner herein, being the wife of the deceased, has prayed for writ of mandamus, order and necessary direction to the respondents herein to release the family pension to her on the death of her husband with all consequential Pensionary benefits and for realizing all other financial benefits such as Death-cum-Retirement Gratuity, Leave Encashment Benefit, Provident Fund amount and Arrear Salary standing in the credit of her late husband and in the interim she prayed to grant her provisional family pension so as to get immediate relief.
10. She stated that she filed application before the College authority on 05.03.2012 claiming family pension but it was not released. On 23.03.2015 the petitioner again claimed for family pension before the College authority and submitted relevant documents putting her signatures in various forms and indemnity bond in favour of the Director of Higher Education, Assam. She also submitted application before the Treasury Officer, Darrang, Mangaldoi to release the arrear pay amounting to Rs. 1,00,000/- to her that was payable to her late husband.
11. Petitioner submitted that she had to leave her matrimonial home on 16.11.2008 due to compelling situation as she was driven out by her in-laws, who also obstructed from taking the minor son along with her and for such incidents she had filed criminal case
