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Gauhati High Court

Geeta Devi And Anr vs The State Of Assam And 7 Ors on 13 October, 2020

Author: Achintya Malla Bujor Barua

Bench: Achintya Malla Bujor Barua

                                                                  Page No.# 1/3

GAHC010136782020




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C) 4144/2020

         1:GEETA DEVI AND ANR.
         W/O- CHANDRA SARMAH, EX-UB CONSTABLE, POLICE
         COMMISSIONERATE, GHY, R/O- BLOCK K. H.NO. 1, POLICE RESERVE
         PALTAN BAZAR, GHY, KAMRUP (M), GHY-01

         2: RADHA SHARMA (KUMARI)
         W/O- NITAY SHARMA
          R/O C/O BIRENDRA KUMAR
          BANK COLONY
          JYOTIKUCHI
          KALAPAHAR
          GHY-07
          (PERMANENT R/O GRAMCHALBARKURWA
          P.O. AND P.S. BISHUNDATPUR
          MUZAFFARPUR
          BIHAR- 843113

         VERSUS

         1:THE STATE OF ASSAM AND 7 ORS.
         REP. BY ITS COMM. AND SECY. TO THE GOVT. OF ASSAM, HOME DEPTT.,
         DISPUR- 781006

         2:THE STATE OF ASSAM
          REP. BY ITS COMM. AND SECY. TO THE GOVT. OF ASSAM
          PENSION AND PUBLIC GRIEVANCES DEPTT.
          BLOCK- D
          2ND FLOOR
          JANATA BHAWAN (CIVIL)
          DISPUR
          GHY-06


         3:THE STATE OF ASSAM
                                                                     Page No.# 2/3

             REP. BY ITS PRINCIPAL SECY. TO THE GOVT. OF ASSAM
             FINANCE DEPTT. (ESTT-A)
             DISPUR
             GHY-06


            4:THE DIRECTOR GENERAL OF POLICE (HQ)
            ASSAM
             ULUBARI
             GHY-07


            5:THE COMM. OF POLICE
             GHY
            ASSAM
             PANBAZAR
             GHY-01


            6:THE ACCOUNTANT GENERAL
            ASSAM
             OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (A AND E)
            ASSAM
             MAIDAMGAON
             BELTOLA
             GHY-29


            7:THE DIRECTOR
             DIRECTORATE OF PENSION
             OFFICE OF THE DIRECTOR OF PENSION
            ASSAM HOUSEFED COMPLEX
             DISPUR
             GHY-06


            8:THE SUPERINTENDENT OF POLICE
             OFFICE OF THE SUPERINTENDENT OF POLICE
            AT AND P.O. SITAMARHI
             DIST.- SITAMARHI
             BIHAR
             PIN- 84330

Advocate for the Petitioner   : MR H GUPTA

Advocate for the Respondent : GA, ASSAM
                                                                                 Page No.# 3/3




                                   BEFORE
              HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                        O R D E R

13.10.2020 Heard Mr. H Gupta, learned counsel for the petitioners, Mr. SS Roy, learned counsel for the respondent Nos. 1, 2, 4, 5, 7 and 8, Mr. SK Hazarika, learned counsel for the respondent No.6 and Mr. P. Naik, learned counsel for the respondent No.3.

Issue notice returnable in four weeks.

Extra copies of the writ petition be furnished to the respective learned counsel within seven days.

As Rule 143A of the Assam Services (Pension) Rules, 1969 requires for a report of the concerned police as regards the non-traceability of the missing person for further processing the family pension of the missing person concerned and as it is stated that the report has to come from the appropriate police station in the State of Bihar, we grant the liberty to the petitioners to approach the Hon'ble Patna High Court for appropriate direction against the concerned police station for submission of the missing/un-traceability report as regards the husband/father of the petitioners.

List the matter after the ensuing Puja vacation.

JUDGE Comparing Assistant