Gauhati High Court
Dr. Arup Jyoti Bhuyan vs The State Of Assam And 5 Ors on 13 March, 2023
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/4
GAHC010049912023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1322/2023
DR. ARUP JYOTI BHUYAN
S/O- LT. RATNESWAR BHUYAN, H.NO. 35, ARUNUDOI PATH, P.O. AND P.S.
HATIGAON, ASSAM, PIN- 781036
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, ANIMAL
HUSBANDRY AND VETERINARY DEPTT., DISPUR, GHY-06
2:THE PRINCIPAL SECRETARY
ANIMAL HUSBANDRY AND VETERINARY DEPTT.
CHENIKUTHI
GUWAHATI
ASSAM- 781003
3:THE PROJECT OFFICER
PROJECT OFFICER (CRASH) INTENSIVE EGG AND POULTRY
PRODUCTION
ANIMAL HUSBANDRY AND VETERINARY DEPTT.
KHANAPARA
GUWAHATI
ASSAM- 781022
4:THE ACCOUNTANT GENERAL (A AND E)
ASSAM
MAIDAMGAON
BELTOLA
GUWAHATI
ASSAM- 781029
5:THE COMMISSIONER AND SECRETARY
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TO THE GOVT. OF ASSAM
PENSION AND PUBLIC GRIEVANCES DEPTT.
DISPUR
GHY-06
6:THE DIRECTOR OF PENSION
ASSAM
HOUSEFED COMPLEX
DISPUR
GHY-0
Advocate for the Petitioner : MR. A K BARUAH
Advocate for the Respondent : SC, AG
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 13.03.2023 Heard Mr. A.K. Baruah, the learned counsel appearing on behalf of the petitioner. Ms. M.M. Katoki, the learned counsel appears on behalf of the respondent Nos. 1, 3 & 4, Mr. R.K. Takudar, the learned counsel appears for the respondent No. 4 and Mr. S.S. Roy, the learned counsel appears for the respondent Nos. 5 & 6.
Issue notice returnable on 29th of March,2023.
As the respondents are duly represented by the respective counsels, extra copies of the writ petition be served upon them during the course of the day.
The case of the petitioner herein is that on 23/11/2021, the petitioner was detained by the Kokrajhar Police in connection with Kokrajhar P.S. Case No. 817/2021. Subsequent thereto on 26/11/2021 the petitioner was put under suspension in terms with Rule 6(2) of the Assam Service(Discipline and Appeal) Rules,1964. On 29/12/2021 the petitioner was released on bail but he continued Page No.# 3/4 to remain in suspension till he retired on 21/12/2022. It is the case of the petitioner that the petitioner was given the subsistence allowances from 23/11/2021 to 23/2/2022. However, thereafter the petitioner has not been paid his subsistence allowances till the date of his superannuation on 31/12/2022. It is the further case of the petitioner that the petitioner has also not been released his pensionary benefits.
Be that as it may, it further transpires from a perusal of the writ petition that there is a departmental proceedings pending against the petitioner which further continued after his retirement.
The learned counsel for the petitioner submitted that in terms with Rule 22 of the Assam Services (Pension) Rules, 1969 as well as the Office Memorandum dated 21/6/2012, the petitioner is entitled to the provisional pension forthwith upon his retirement. He further submits that w.e.f. 22/3/2022 the respondents were bound to pay the subsistence allowances which have been denied to the petitioner. Under such circumstances, the instant writ petition has been filed claiming for the reliefs as aforesaid.
The learned counsel appearing on behalf of the respondent Nos.1, 2 and 3 shall apprise this Court on the next returnable date as to whether the petitioner had already been paid the subsistence allowances for the period from 22/3/2022 to the date of his superannuation and if not when the said amount would be paid.
Taking into account Rule 22 of the Assam Services (Pension) Rules, 1969 as well as the Office Memorandum dated 21/6/2012, this Court directs the respondent authorities to forthwith release the provisional pension to the petitioner. However, pending notice, till the next returnable date, it shall not be Page No.# 4/4 a bar on the part of the respondent authorities to release the subsistence allowances to the petitioner, if not already released.
JUDGE Comparing Assistant