WP(C) 4928/2015. Gauhati High Court

Case NumberWP(C) 4928/2015
Judgement DateMarch 30, 2021
CourtGauhati High Court

I N THE GAUHATI HI GH COURT

( THE HI GH COURT OF ASSAM, NAGALAND, MI ZORAM AND ARUNACHAL PRADESH) WP( C) 4928/ 2015

Smti Bulu Barua

Widow of Late Nabin Chandra Baruah R/ o Flat No. I I -B, Ramdhenu Apartment,

Beltola, Guwahati-781028,

District-Kamrup (M), Assam.

- Petitioner -Versus-

  1. The State of Assam,

    Represented by the Secretary to the Government of Assam, Department of Pension and Public Grievances,

    Dispur, Guwahati-781006.

  2. United Bank of I ndia, Guwahati, Assam.

    Represented by its Managing Director and Chief Executive Officer, “United Towers”, 11, Hemanta Basu Sarani,

    Kolkata-700001.

  3. Chief Manager,

    United Bank of I ndia, Secretariat (Dispur) Branch,

    Guwahati-781006.

  4. Accountant General (A & E), Assam,

    Maidamgaon, Guwahati-781029.

    - Respondents

    For the petitioner : Mr. S. K. Ghosh, Advocate For respondent Nos. 2 and 3 : Mr. S. Dutta, Sr. Advocate,

    Ms. A. Modi, Advocate,

    For respondent No. 4 : Mr. C. Baruah,

    Standing counsel,

    Accountant General, Assam,

    For respondent No. 1 : Mr. A. Chetry,

    Standing counsel,

    Pension and Public Grievances Department,

    Date of hearing and order : 30.03.2017

    BEFORE

    HON’BLE MR. JUSTI CE ARUP KUMAR GOSWAMI JUDGEMENT AND ORDER

    ( ORAL)

    Heard Mr. S. K. Ghosh, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned Senior counsel, appearing for respondent Nos. 2 and 3, Mr. C. Baruah,

    WP(C) 4928/ 2015

    learned Standing counsel, Accountant General, appearing for respondent No. 4, and Mr. A. Chetry, learned Standing counsel, Pension and Public Grievances Department, appearing for respondent No. 1.

  5. As agreed to by the learned counsel for the parties, the writ petition is taken up for disposal at the admission stage.

  6. At the outset, the relevant facts may, briefly, be noticed. The petitioner, who was an Assistant Teacher in a provincialised school, superannuated on 31.05.2002 and, thereafter, she started receiving pension. The husband of the petitioner retired on

    01.04.1989 as General Manager, District I ndustries Centre, and, on the death of her husband on 21.03.1997, the petitioner started getting family pension. However, ad hoc relief, such as, Dearness Relief and Medical Allowance were denied to her on the ground that she herself was an employee. After the superannuation of the petitioner, she submitted various representations before the respondent authorities for releasing ad hoc relief on her family pension. However, the same was not acceded to and, finally, by an order dated 22.07.2015...

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