WP(C) 2327/2010. Gauhati High Court
| Case Number | WP(C) 2327/2010 |
| Judgement Date | April 20, 2019 |
| Court | Gauhati High Court |
THE GAUHATI HIGH COURT AT GUWAHATI
(The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) PRINCIPAL SEAT AT GUWAHATI
WP( C) No. 2327/ 2010
Smt. Nomali Boro,
W/ O Late Sunanda Ram Boro,
Resident of Village-Hariahtoli,
PS-Nalbari, Dist.-Nalbari, Assam. ……Petitioner .
-Versus-
-
The State of Assam,
Represented by the Commissioner and Secretary to the Govt. of Assam, Home Department, Dispur, Guwahati-6.
-
The Accountant General (A&E),
Assam, Maidamgaon, Beltola, Guwahati-29.
-
The Director General of Police, Assam,
Ulubari, Guwahati-7.
-
The I nspector General of Police (OSD),
Assam, Ulubari, Guwahati-7.
-
The I nspector General of Police (L),
Assam, Ulubari, Guwahati-7.
-
Officer on Special Duty,
Home (A) Department, Dispur, Guwahati-6.
-
Superintendent of Police,
Nalbari, Assam.
-
The Treasury Officer,
Nalbari, Assam. ……Respondents
.
BEFORE
THE HON’BLE MR. JUSTI CE HRI SHI KESH ROY
For the Petitioner: Mr. A.K. Hussain,
Mr. S. Alim,
Mr. S.K. Nag. ……Advocates.
For the Respondents: Mr. D. Nath, GA, Assam,
Mr. R.K. Talukdar, SC, AG,
Mr. P. Nayak, SC, Finance. ……Advocates.
Date of Hearing & Judgment : 2 0 th Apr il, 201 7
WP(C) 2327/2010 Page 1 of 3
JUDGMENT AND ORDER ( ORAL)
Heard Mr. A.K. Hussain, the learned counsel appearing for the petitioner. The respondent Nos.1, 3, 4, 5, 6 and 7 are represented by Mr. D. Nath, the learned Addl. Sr. Govt. advocate. Mr. R.K. Talukdar, the learned counsel represents the Accountant General (A&E) (respondent No.2), while Mr. P. Nayak, the learned standing counsel for the Finance Department represents the respondent No.8.
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The claim here is to family pension benefits for the 3rd wife of late Sunanda Ram Boro, who served as a L/ Naik in the Assam Police. The employee initially married one Nageswari Boro, but after the 1st wife died, he married Joymati Boro. When the govt. employee died on 28.02.2000, the surviving 2nd wife (Joymati
Boro) was granted the family pension and DCRG on account of late Sunanda Ram Boro. The 2nd wife expired on 26.06.2006 and thereafter the 3rd wife Numali Boro had put forward her claim for receiving family pension.
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The claim of the 3rd wife was forwarded by the I GP(OSD) to the Accountant General, Assam, on 16.10.2006 with suggestion that the 3rd wife is
entitled to draw family pension, under Rule 143 of the Assam Services (Pension) Rules, 1969 (hereinafter referred to as the “Pension Rules”). However, in the counter affidavit filed by the Accountant General on...
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