Gauhati High Court
Mrs. Anowara Khatun vs The State Of Assam And 7 Ors on 23 August, 2023
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/5
GAHC010030252023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/870/2023
MRS. ANOWARA KHATUN
W/O LT. SDDIQUE HUSSAIN, VILL-SINGIA PATHAR, P.O.-DAGAON, P/R/A
VILL-GADAIMARI, P.O.-KASHARI, P.S.-JURIA, DIST-NAGAON, ASSAM, PIN-
782124
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR,
GUWAHATI-781006
2:THE DIRECTOR OF PENSION ASSAM
HOUSEFED COMPLEX
DISPUR
GUWAHATI-6
3:THE DIRECTOR ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GAUHATI-19
4:THE DISTRICT ELEMENTARY EDUCATION OFFICER
NOGAON
ASSAM
5:THE DEPUTY INSPECTOR OF SCHOOLS
NOGAON
ASSAM
6:THE BLOCK ELEMENTARY EDUCATION OFFICER
JURIA
Page No.# 2/5
NOGAON
ASSAM
7:THE TREASURY OFFICER
NOGAON
ASSAM
8:THE ACCOUNTANT GENERAL (A AND E)
ASSAM
BELTOLA
GUWAHATI-2
Advocate for the Petitioner : MR. K A MAZUMDER
Advocate for the Respondent : SC, ELEM. EDU
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
23.08.2023 Heard Mr. K A Mazumdar, learned counsel for the petitioner and Mr. B Talukdar, learned Standing counsel, Department of School Education, Assam for the respondent Nos. 1, 3 to 6. Also heard Mr. D Borah, learned Government Advocate, Assam for the respondent No. 2, Mr. K K Medhi, learned Standing counsel, Accountant General (A&E), Assam for the respondent No. 8 as well as Mr. A Chaliha, learned Standing counsel, Finance Department, Assam for the respondent No. 7.
2. Husband of the petitioner, Siddique Hussain was the Head Pandit (Head Teacher) of 277 No. Erabari Boys Muktab School under the Juria Education Block of Nagaon district.
3. Said Siddique Hussain on attaining the age of superannuation at 60 years retired from service on 31.10.2015 and he expired on 24.10.2018.
4. During his lifetime, said Siddique Hussain, the husband of the petitioner did not receive any pensionary benefits. After his death on 24.10.2018, the petitioner, widow of said Siddique Hussain till date has not received her family pension.
5. Hence, the petitioner has filed this writ petition on 13.02.2023, praying amongst Page No.# 3/5 others, to direct the respondents herein for payment of family pension to her and also to pay her the retirement financial benefits including Group Insurance Scheme, Gratuity etc. of her said late husband Siddique Hussain.
6. From the perusal of the communication of the Deputy Inspector of Schools, Nagaon dated 11.05.2023, it is seen that the husband of the petitioner, said Siddique Hussain was unauthorisedly absent in service from 01.06.2006 to 31.01.2015.
7. It is also seen that pay of said Siddique Hussain was revised as per the Revision of Pay Rules, 2010 w.e.f. 01.01.2006 and accordingly, his pay was fixed at Rs. 13,180/- as on 01.01.2006, where the next date for payment of increment to him was on 01.07.2006, determined on the basis of the Office Memorandum No. FPC.85/2009/Pt/110 dated 01.06.2012 of the Finance (TRU) Department of the State.
8. The Service Book of said Siddique Hussain, late husband of the petitioner contains the revised pay as on 01.01.2006 and about the arrear salary payable to him from 01.01.2006 to 31.05.2006, that could not be drawn due to lack of Government sanction.
9. It is already noted above that the late husband of the petitioner remained unauthorisedly absent in service from 01.01.2006 to 31.01.2015.
10. The Deputy Inspector of Schools, Nagaon on 11.05.2023 forwarded the Service Book of late husband of the petitioner along with other relevant documents to the Director of Elementary Education, Assam.
11. After the order of the Court dated 21.07.2023, the Director of Elementary Education, Assam by communication dated 22.08.2023 directed the Deputy Inspector of Schools, Nagaon to pass necessary order treating the period of unauthorized absence of late husband of the petitioner from 01.01.2006 to 31.01.2015 as dies-non by granting extra-ordinary leave, without financial benefits, towards counting family pension of the petitioner as per her entitlement by adopting "no work no pay" under the provisions of the F.R. 17 (I).
12. From the communications of the Deputy Inspector of Schools, Nagaon dated 11.05.2023 and the Director of Elementary Education, Assam dated 22.08.2023, it can be seen that said Siddique Hussain, Head Teacher of 277 No. Erabari Boys Muktab School under the Juria Education Block of Nagaon district, late husband of the petitioner was Page No.# 4/5 unauthorisedly absent in service from 01.01.2006 to 31.01.2015.
13. Communication of the Deputy Inspector of Schools, Nagaon dated 11.05.2023 clearly reflects that late husband of the petitioner was not paid the revised pay and other arrear pay and allowances for the period from 01.01.2006 to 31.05.2006.
14. As such, the respondent authorities shall do the needful by assessing the total amount as per the revised Scale of Pay with due increment(s) that was payable to said Siddique Hussain, late husband of the petitioner from 01.01.2006 to 31.05.2006 and after such determination shall pay the said amount in the bank account of the petitioner at the earliest, the amount that was not drawn by said Siddique Hussain, late husband of the petitioner during his lifetime.
15. Further, as per the letter of the Director of Elementary Education, Assam dated 22.08.2023 as the late husband of the petitioner was unauthorisedly absent in service from 01.01.2006 to 31.01.2015, the said period of his unauthorized absence shall be considered as dies-non and the respondent authorities shall determine the monthly salary that was payable to said late husband of the petitioner Siddique Hussain, including the increment(s) etc. for the period from 01.02.2015 till the date of his retirement on 31.10.2015.
16. On such due determination, after calculating the last pay that was to be drawn by the late husband of the petitioner said Siddique Hussain as on 31.10.2015 with all the incremental benefits etc., the Deputy Inspector of Schools, Nagaon thereafter shall prepare and submit the regular pension pay proposal of said Siddique Hussain before the Directorate of Pension, Assam on or before 16.10.2023 along with the amount payable to him pertaining to his Death-cum-Retirement-Gratuity benefit and other retirement dues payable to him.
17. It is made clear that the Deputy Inspector of Schools, Nagaon after such due determination of the last pay that was to be drawn by late husband of the petitioner as on 31.10.2015, shall also submit the family pension proposal of the petitioner, as per her entitlement, before the Directorate of Pension, Assam on or before 16.10.2023.
18. List on 18.10.2023 and on the said date, the Deputy Inspector of Schools, Nagaon shall place the communication before the Court, by which it forwarded the pension pay proposal to the Directorate of Pension, Assam with the calculation of the last pay drawn by Page No.# 5/5 the late husband of the petitioner said Siddique Hussain, DCRG amount, GPF amount and all other pensionary benefits etc. as entitled by the late husband of the petitioner.
19. Copy of this order be furnished to Mr. Binodan Talukdar, learned Standing counsel, Department of School Education, Assam and Mr. Deepam Borah, learned Government Advocate, Assam for their necessary use.
JUDGE Comparing Assistant