Gauhati High Court
Page No.# 1/14 vs The State Of Assam And 4 Ors on 16 June, 2025
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/14
GAHC010191932022
2025:GAU-AS:7871
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6197/2022
ACHALA GOSWAMI
W/O- LATE BIRESH CH. GOSWAMI,
R/O- HOUSE NO-24, KKB ROAD
(BIDYA MANDIR BYE LANE), CHENIKUTHI, GUWAHATI, KAMRUP (M),
PIN-781003
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, HIGHER
EDUCATION DEPTT., ASSAM, DISPUR, KAMRUP (M), GHY- 6.
2:THE DIRECTOR OF HIGHER EDUCATION
ASSAM
KAHILIPARA
GHY- 19.
3:THE DIRECTOR OF PENSION
HOUSEFED COMPLEX
6TH FLOOR
CENTRAL BLOCK
BELTOLA ROAD
GUWAHATI-781006
4:BOARD OF SECONDARY EDUCATION
THROUGH ITS SECRETARY
BAMUNIMAIDAM
GUWAHATI
Page No.# 2/14
KAMRUP (M)
ASSAM
5:PRINCIPAL
PRAGJYOTISH COLLEGE
GUWAHATI
KAMRUP (M)
ASSA
Advocate for the Petitioner : MR. A R BHUYAN, MR N Z CHOUDHURY,MR N A
MAZARBHUIYA,MR. R DEKA,MS. S. SAIKIA,MR H BEZBARUA,MRS P RAI
Advocate for the Respondent : GA, ASSAM, SC, SEBA,SC, HIGHER EDU
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
16-06-2025 Heard Mr. A. R. Bhuyan, learned counsel for the petitioner and Mr. Kaustav Gogoi, learned Standing counsel, Higher Education Department, Assam for the respondent Nos. 1 & 2. Also Heard Mr. Bitupon Deuri, learned Government Advocate, Assam for the respondent No. 3 and Mr. Tarun Chandra Chutia, learned Standing Counsel, Board of Secondary Education, Assam (SEBA), assisted by Diganta Kumar Roy, learned counsel for the respondent 4.
2) Respondent No. 5, Pragjyotish College, Guwahati inspite receipt of notice did not appear in the matter.
3) Matter relates to the claim of arrear pension, other pensionary benefits like, Gratuity, Leave Page No.# 3/14 Encashment, etc. of petitioner's late husband, i.e., Biresh Chandra Goswami as well as arrear and current Family Pension of the petitioner.
4) Brief facts of the case is that since 05.08.1964 husband of the petitioner Biresh Chandra Goswami served as a lecturer against a sanctioned post in the Department of Geology in Pragjyotish College, Guwahati, while the said College was an Aided College and then under the Deficit System of Grants-in-Aid, with the Contributory Provident Fund Scheme of the employees of the aided colleges.
5) While the petitioner's husband was serving as the Head of the Department and Lecturer of Geology in Pragjyotish College and was drawing Selection Grade Scale of Rs. 4,825/- per month, an advertisement was published in the English Daily, "The Assam Tribune" on 18 th August, 1994 by which the respondent Board of Secondary Education, Assam, in short SEBA, invited applications from the eligible candidates for the post of its 'Controller of Examination' in the pay scale of Rs.2975/- - Rs.4760/- specifying that those who are in employment should submit the application through proper channel.
6) Pursuant to the same petitioner's husband, having the requisite eligibility, applied for the said post and participated in the selection process. On being selected for the said post, SEBA appointed him as its Controller of Examination. In pursuance of the same, on being relieved from Pragjyotish College, Guwahati, on lien, initially for two years, w.e.f. 04.01.1995, husband of the petitioner joined his service as Controller of Examination of SEBA on 04.01.1995.
7) On his request and considering his last pay drawn as on 03.01.1995 in Pragjyotish College, Guwahati; respondent SEBA protected the pay of the husband of the petitioner and fixed his Basic Pay at Rs. 4,825/- i.e., at the highest of the scale prescribed by the said Board for its Controller of Examination from the date of his joining in SEBA, i.e., since 04-01-1995.
8) On the request of the husband of the petitioner, authorities of Pragjyotish College, Guwahati extended his Lien for another year with effect from 04.01.1997. Further, on his request, authorities of Pragjyotish College, Guwahati subsequently extended the lien of petitioner's husband up to 21.04.1998. But husband of the petitioner did not join the said College and his lien in that college was also not extended after 21-04-1998.
9) In the meanwhile, on completion of two years as Controller of Examination of SEBA w.e.f.
Page No.# 4/14 04.01.1995 on probation, authorities of SEBA by an order dated 28.10.1999 confirmed him in the said post w.e.f. 05.01.1997.
10) Petitioner's husband made prayer before the SEBA to consider his past service in Pragjyotish College for his retirement benefit while he was in service under SEBA.
11) Though SEBA forwarded his said application to the Personnel Department, Government of Assam as well as Pension and Public Grievance Department of the State informing them that he had already rendered service in Pragjyotish College as Lecturer since 05.08.1964 before joining with SEBA on 04.01.1995 as its Controller of Examination, but the said matter remained unsettled and kept on hanging.
12) In the meanwhile, on attaining the age of superannuation at 60 years, husband of the petitioner retired from his service on 31.03.2002 as Controller of Examination from SEBA, after rendering service in the said Board for about 7 years 2 months and 28 days since 04.01.1995. At the time of his retirement from SEBA, he received pensionary benefits like Gratuity, Leave Salary for the period from 04.01.1995 to 31.03.2002 from the said Board.
13) Though husband of the petitioner approached SEBA, Higher Education Department of the State as well as the authorities of Pragjyotish College, but he did not receive his regular pension. Later, he received an amount of Rs. 1,57,288/- including principal amount and interest by a cheque dated 30.09.2005 towards his Contributory Provision Fund account for his service in Pragjyotish College. But at that point of time, the SEBA did not receive the said cheque amount.
14) In the meanwhile, the husband of the petitioner expired on 23.11.2007 without receiving any pensionary benefits for his past service in Pragjyotish College, Guwahati that he rendered for the period from 05.08.1964 to 03.01.1995. After his demise the petitioner again approached the SEBA for pensionary benefits of her late husband as well as for her family pension stating that her husband worked as a Lecturer of Geology in Pragjyotish College in a sanctioned post since 05.08.1964 upto 03.01.1995 and then through proper channel, he applied for the post of Controller of Examination of SEBA as advertised and on being selected and appointed, he joined as Controller of Examination of SEBA on 04.01.1995 and he served in the said post till his superannuation on 31.03.2005. She also stated that during his lifetime, pertaining to entitlement of his pension and other pensionary benefits, inclusive of his past service, remained unsettled. As such, she prayed before the authorities of SEBA as well as the authorities of the Higher Education Page No.# 5/14 Department of the State for the said purpose.
15) Because of petitioner's such approach for the purpose of counting of past service benefit towards pension of her late husband, the Director of Higher Education, Assam sought for relevant information pertaining to the late husband of the petitioner from the authorities of Pragjyotish College by communication dated 28.03.2012.
16) On receipt of such communication from the Directorate of Higher Education, Assam the authorities of Pragjyotish College by communication dated 14.09.2012 informed the former that late husband of the petitioner joined Pragjyotish College against a sanctioned post in the Department of Geology on 05.08.1964 and served in the said College up to 03.01.1995. With lien to the said post, he joined as Controller of Examination of SEBA on 04.01.1995. Initially he was granted lien for two years from 04.01.1995 which was subsequently extended for another year and again up to 21.04.1998, but he did not rejoin his service in Pragjyotish College and his service Book was till then. By the said communication dated 14.09.2012, Pragjyotish College authority also informed that the authorities of the said College on 30.11.1999 resolved to release the Provident Fund Account of the petitioner as he had left the said College and joined SEBA. The authorities of the said College on 27.01.2012 resolved to release the husband of the petitioner w.e.f., 27.01.1998 and that as per the request SEBA made in its letter dated 28.10.1999, the authorities of Pragjyotish College by communication dated 08.02.2000 forwarded the original Service Book and the photocopy of the Contributory Provident Fund Pass Book of husband of the petitioner to SEBA. The said college authority, therefore, in its said communication dated 14.09.2012 stated that the record of depositing of 50% Government share of the CPF money was not available in the office of the said College. By the said letter dated 14.09.2012, the authorities of Pragjyotish College clarified that husband of the petitioner served in the said College for 30 years 5 months and left the College on lien and that he is entitled for justice.
17) The authorities of Higher Education Department of the State on 16.06.2016 forwarded the endorsement of Pension and Public Grievances of the State to SEBA that pertains to pension case of the late husband of the petitioner. From the said endorsement of Pension and Public Grievance Department, it can been seen that the pension case of the husband of the petitioner does not fall under the purview of P & PG Department of the State as per the Assam Services (Pension) Rules, 1969 and for which, the said P & PG Department could not count his past service and also could not offer any view for refund of Government share of CPF amount. But the P & PG Department in Page No.# 6/14 the said endorsement endorsed that the Education Department should take up the matter with SEBA for a decision regarding depositing of CPF amount of the husband of the petitioner and counting his past college service as per existing Rules and Acts of SEBA for extending family pension and other benefits to his legal heir/wife.
18) Pertaining to pension of the husband of the petitioner, the authorities of SEBA on 05.04.2017 submitted a detailed report before the Commissioner and Secretary of the Higher Education Department, Government of Assam informing that the petitioner faced hardship and requested the authorities of the said Department of the State to consider her case on humanitarian ground informing that the SEBA had already relaxed the Rule of qualifying service of 10 years and decided to give family pension to the petitioner on Pro Rata basis for the period of service rendered by her husband in SEBA from 04.01.1995 to 31.03.2002.
19) On receipt of said letter the authorities of Higher Education Department of the State on 09.05.2017 wrote to the Director of Higher Education, Assam for a detail report. The Director of Higher Education, Assam by its letter dated 20.07.2017 informed that the late husband of the petitioner served for 30 years, 4 months and 29 days as Lecturer in Pragjyotish College w.e.f., 05.08.1964 to 03.01.1995 (in a sanctioned post) and then, served in SEBA as its Controller of Examination from 04.01.1994 to 31.03.2002 till his date of superannuation.
20) The Director of Higher Education, Assam by the said letter dated 20.07.2017 also informed the Higher Education Department of the State that as neither the husband of the petitioner during his lifetime nor his family members refunded the Government share of Contributory Provident Fund amount within the stipulated time, therefore, family pension to the petitioner could not be considered as per the Assam College Employees (Provincialisation of Services) Act, 2005 and by the said letter, the Director of Higher Education, Assam requested the authorities of the Higher Education Department of the State to take appropriate action to provide pension/family pension to the petitioner against the period of service rendered by her late husband in Pragjyotish College, Guwahati.
21) In the meanwhile, as per its decision, the SEBA by its order dated 23.07.2018 granted Pro- Rata pension to the late husband of the petitioner from the date of his retirement till his death upto 23.11.2007 considering his service of 7 years 2 months and the said amount was paid to his wife, i.e., the petitioner.
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22) In the meanwhile, in pursuance of the letter of the Director of Higher Education, Assam bearing No. DHE/PA/Order/16/2016/177 dated 11.12.2020 issued in reference to Government's letter No. AAE/345/2018/19 dated 10.12.2020 and as she opted for pension, therefore, out of the total Contributory Provident Fund amount of Rs.1,57,288/- that was paid to her late husband for his service in Pragjyotish College for the period from 05.08.1964 to 03.01.1995, the petitioner through the Principal of Pragjyotish College, Guwahati, on 12.01.2021 deposited 50% of the said amount of Rs.1,57,288/- being Rs.78,644/- in the Head of Account of the Higher Education Department of the State being "0202" vide Challan No.2021/01/3965.
23) As the petitioner was not provided with any pensionary benefits for the service rendered by her late husband in Pragjyotish College since 05.08.1964 to 03.01.1995, is spite of depositing 50% share of the Government contribution with interest of the CPF amount paid to late husband of the petitioner, she preferred this writ petition.
24) The respondent SEBA filed an affidavit in opposition in this matter on 14.06.2023 admitting the facts stated by the petitioner relating to the SEBA. The stand of SEBA with regard to the benefit of pension to the late husband of the petitioner including his past service in Pragjyotish College is that the provisions of Contributory Provident Fund Scheme in SEBA was implemented in the year 1995 and as per the said Scheme 50% CPF amount is applicable for the employees of the said Board. But late husband of the petitioner during his service in SEBA did not apply through proper channel, nor took release through proper channel and therefore, 50% CPF Scheme could not be made applicable to him.
25) It is also the stand of the SEBA that on 12.02.1997 SEBA introduced Retirement Benefit (Pension) Regulation, 1996 providing the benefits of pension for its employees w.e.f., 01.01.1995, where it is clearly indicated that every employees of the Board in the tenure should have put in a minimum of 10 years of qualifying service to be eligible for pension subject to such Regulation as may be applicable to the categories of pension set out therein.
26) Though husband of the petitioner did not complete 10 years of qualifying service in SEBA but as per the decision of the Board dated 14.05.2018, SEBA by order dated 23.07.2018 granted Pro-Rata Pension to the husband of the petitioner for his service rendered in SEBA as Controller of Examination from 04.01.1995 to 30.05.2002 for a period of 7 years 2 month after his retirement on 31.03.2002 till his death on 23.11.2005 relaxing the said provision of Board's Rule Page No.# 8/14 on humanitarian ground. Later SEBA by Order No. SEBA/EST/1/95/166 dated 09.10.2018 corrected its earlier order dated 23.07.2018 correcting the date 23.11.2005 mentioned therein as 23.11.2007. SEBA also requested the Government in the Higher Education Department to entertain pension to the late husband of the petitioner considering his past service in Pragjyotish College since 05.08.1964 to 03.01.1995 for more than 30 years.
27) Mr. Tarun Chutia, learned counsel appearing for the respondent SEBA by placing the decisions of the Hon'ble Supreme Court in the cases of (i) M. R. Prabhakar and others -Vs.- Canada Bank and others reported in (2012) 9 SCC 671, (ii) Punjab National Bank and Other -Vs.- Ram Kishan reported in (2014) 13 SCC 485 and (iii) State of Madhya and Others -Vs.- Hitkishore Goswami reported in (2015) 11 SCC 199 submitted that husband of the petitioner is not entitled for pensionary benefit as he did not obtain the qualifying period of service.
28) Many colleges of the State including the Pragjyotish College, Guwahati though were non- Government colleges, but subsequently State Government provided those colleges financial aides in the form of Maintenance Grant, then Adhoc Grants and subsequently those colleges received financial aides under the Deficit System of Grants-in-Aid from the State Government as financial support/assistance, primarily to cover operational costs like salaries of teaching and non-teaching staff and for the infrastructure of the colleges. Such maintenance grant of financial aid to the colleges, followed by the Adhoc Grant and then Deficit System of Grants-in-Aid to those colleges continued till the services of teaching and non-teaching staff those colleges, which received deficit grants-in-aid from the State Government were provincialised under the provisions of the Assam College Employees (Provincialisation), Act, 2005.
29) While those colleges received maintenance grant, every teaching and non-teaching staff of such colleges, whose services were confirmed had to subscribe to the Contributory Provident Fund Scheme and Death-cum-Retirement gratuity according to the Rules prescribed by the State in the Education Department, where the State Government used to provide grants-in-aid facilities making its contribution on the part of the employer against each subscriber's share under the C.P.F. Scheme Act and such employees used to retire on attaining their sixty years of age and they were provided with such CPF fund with interest on such deposits.
30) For both teaching and non-teaching employees of Aided Collages, the State Government initially brought in to force the Assam Non-Government School and College Employees Centralised Page No.# 9/14 Provident Fund Scheme Act, 1969, that provided for the creation of a centralized provident fund for employees of Government Aided non-government schools and colleges in Assam and the said 1969 Act was published in the Assam Gazette, Extraordinary on 16 th May, 1969 and it came into force w.e.f. 04-04-1970.
31) Subsequent to that the Government of Assam for establishment of a central pension and provident fund for employees of non-government deficit colleges in Assam that are affiliated with Gauhati University or Dibrugarh University, or Assam (Silchar) University and to ensure the employees of such deficit colleges receive retirement benefits, including pension and other benefits, as per the defined scheme, brought into force the Assam Non-Government (Deficit) College Central Pension and Provident Fund Act, 1997, which was published in the Assam Gazette, Extraordinary on 16th May, 1997. Said 1997 Act was later amended in July 2001.
32) The State Government w.e.f. 1st day of December, 2005 brought into force the Assam College Employees (Provincialisation) Act, 2005, whereby the teaching and non-teaching employees of the colleges of Assam who were in receipt of Deficit Grants-in-Aid from the State Government, were brought under provincialisation thereby the Government took the liabilities for payment of Salaries, Dearness Allowance, Medical Allowance and such other allowances as admissible to the Government employees of similar category and Gratuity, Pension, Leave encashment etc. as admissible under the existing Rules, to the employees of the State Government serving under the Government of Assam giving such benefits to the employees of such colleges, who were appointed substantively against sanctioned posts.
33) Section 8 of the said 2005 Act provides for "Mode of Pension to the employees who retired/died prior to 1st January, 2005". As per the said Section 8 of 2005 Act, employees who retired/died as the case may be prior to 1st January, 2005 are to be given only superannuation pension or the family pension as may be applicable under the existing pension Rules of the Government and they shall not be entitled to any other pensionary benefits: Provided that the payment of such superannuation or family pension as the case may be, shall be subject to refund of the Government's share of their Contributory Provident Fund within 6 months from the date of coming into the force of said Act: Provided further that if the Government share of Contributory Provident Fund is not refunded in respect of retired/deceased employee within the aforesaid stipulated period, superannuation pension or family pension shall not be admissible in respect of Page No.# 10/14 such employees.
34) Section 8A of the said 2005 Act relates to "Extension of Time for refund of the Government share of the Contributory Provident Fund" and it stipulates that notwithstanding anything contained in the Proviso to Section 8, the period of 6 months, within which the Government share of the Contributory Provident Fund was required to be refunded in respect of the retired/deceased employees under the first Proviso to Section 8, shall be further extended upto a period of 6 months from the date of coming into force of the Assam College Employees (Provincialisation) (Amendment) Act, 2010 and the intervening period from the date of expiry of the original period of 6 months under the first proviso to Section 8 till the date of coming into force of the said amendment Act, shall also be deemed to have been extended for the purpose of Section 8.
35) The State Government from time to time by various amendments amended the provision of Section 8A of the said 2005 Act. The State Government by Notification No. LGL.112/2005/144 dated 19.10.2020 vide the Assam College Employees (Provincialisation) (Amendment) Act, 2020 amended Section 8A of the said 2005 Act and further extended it for a period of 6 months from the date of commencement of the Assam College Employees (Provincialisation) (Amendment) Act, 2020 specifying that the intervening period from the date of expiry of the period of 6 months extended under the amendment Act, 2010 till the date of commencement of the said amendment Act (2020 Amendment) have been deemed to be extended for the purpose of Section 8 (of 2005 Act). The said Assam College Employees (Provincialisation) (Amendment) Act, 2020 was published in the Assam Gazette Extraordinary on 19.10.2020 and as such, the said extended period of 6 months was valid from 19.10.2020 to 18.04.2021.
36) It is an admitted position that the late husband of the petitioner before joining as Controller of Examinations of SEBA on 04.01.1995, served as a Lecturer in a sanctioned post in the Department of Geology in Pragjyotish College, Guwahati w.e.f. 05.08.1964 to 03.01.1995 and thereby served for about 30 years 4 months 29 days and considering the same, he was eligible for superannuation pension in terms of Section 8 and 8A of the said 2005 Act.
37) Moreover, during such extended period of Section 8A of 2005 Act by way of the Assam College Employees (Provincialisation) (Amendment) Act, 2020, published in the Assam Gazette Extra-Ordinary on 19.10.2020, noted above, out of the said CPF amount of Rs.1,78,644/- being Page No.# 11/14 the principal amount with interest paid to the husband of the petitioner on 30.09.2005, during his lifetime towards his Contributory Provision Fund account for his service in Pragjyotish College from 05.08.1964 to 03.01.1995, the petitioner through the Principal of Pragjyotish College, Guwahati on 12.01.2021, by Challan No. 2021/01/3965 deposited an amount of Rs. 78,644/- being the 50% of the Government share with interest of the said CPF amount of Rs.1,57,288/- of the late husband of the petitioner in the Head of Account "0202" of the Higher Education Department of the State, much within the stipulated period, i.e. the extended time, extended vide said 2020 Amendment of the said 2005 Act as notified by the State Government, noted above.
38) It is to be noted herein that on coming of the Assam College Employees (Provincialisation) Act, 2005 w.e.f. 01-12-2005, the Assam Non-Government (Deficit) College Central Pension and Provident Fund Act, 1997 was repealed by the Assam Repealing Act 2005 by Notification dated 22-12.2005.
39) Though Mr. Chutia, learned Standing counsel SEBA placed the decisions of the Hon'ble Supreme Court in the cases of (i) M. R. Prabhakar and others (supra), (ii) Ram Kishan (supra) and
(iii). Hitkishore Goswami (supra) and submitted that husband of the petitioner is not entitled for pensionary benefit as he did not obtain the qualifying period of service in SEBA, the same are not applicable to the present case.
40) It is already noted above that in the case in hand, SEBA considering it as a special case, already relaxed requirement of 10 years of qualifying service for pension and granted pro-rata pension to the petitioner.
41) Further, the provisions of Section 8 and 8A of the Assam College Employees (Provincialisation) Act, 2005 (as amended from time to time) enables an employee of such Aided Colleges, appointed substantively against sanctioned posts, where such an employee who retired and/or died as the case may be prior to 1 st January, 2005 are to be given superannuation pension or the family pension as may be applicable under the existing pension Rules of the Government, where they shall not be entitled to any other pensionary benefits: Provided that the payment of such superannuation or family pension as the case may be, shall be subject to refund of the Government's share of their Contributory Provident Fund within 6 months from the date of coming into the force of said Act. Further the State Government by way of the Assam College Employees (Provincialisation) (Amendment) Act, 2020, published in the Assam Gazette Page No.# 12/14 Extraordinary on 19.10.2020 extended the period of six months specified under Section 8 of the 2005 Act from 19.10.2020 up to 18.04.2021, where Rs. 78,644/- being the 50% of the Government share with interest out of the total CPF amount paid to the late husband of the petitioner for his service in the Pragjyotish College from 05.08.1964 to 03.01.1995 was already deposited by the petitioner through the Principal of Pragjyotish College, Guwahati in favour of the Higher Education Department of the State on 12.01.2021 in its Head of Account "0202, by way of Treasury Challan No. 2021/01/3965".
42) Therefore, the late husband of the petitioner is entitled for his superannuation pension and the petitioner is entitled for her family pension as per the provisions of Sections 8 and 8A of the Assam College Employees (Provincialisation) Act, 2005, as amended, considering the past service rendered by Biresh Chandra Goswami, late husband of the petitioner, during his lifetime as Lecturer in a sanctioned post in the Department of Geology of Pragjyotish College, Guwahati w.e.f. 05.08.1964 to 03.01.1995, which was an Aided College, subsequently a college under the Deficit System of Grants-in-Aid of the State Government till it was provincialised under the said 2005 Act w.e.f. 01.12.2005. Said Biresh Chandra Goswami, husband of the petitioner expired on 23.11.2007, noted above.
43) It is to be noted herein that Pension, GPF, etc. of lecturers served in such provincialised colleges come under the purview of the Accountant General (Accounts & Entitlements), Assam.
44) From the records of the case, placed by SEBA, it is seen that on her application dated 16.12.2011, the petitioner received the Service Book of her late husband Biresh Chandra Goswami of Pragjyotish College from SEBA on 16.12.2011 itself. However, it is not clear, whether the petitioner obtained the original Service Book or not.
45) Considering the entire aspect and the reasons stated above, the Higher Education Department of the State as well as the Directorate of Higher Education, Assam and the Board of Secondary Education, Assam are directed to release arrear pension and other pensionary benefits of late husband of the petitioner, Biresh Chandra Goswami, as per his entitlement, considering his past service as Lecturer in sanctioned post in the Department of Geology of Pragjyotish College, Guwahati w.e.f. 05.08.1964 to 03.01.1995 after the date of his retirement as Controller of Examinations of SEBA on 31.03.2002 till his death on 23 rd November, 2011 (23-11-2011) and thereafter, to pay arrear and current Family Pension and other pensionary benefits to the Page No.# 13/14 petitioner w.e.f. 24th November, 2011 (24-11-2011) as per her entitlement.
46) However, it is made clear that the amount of pension/pro-rata pension paid to the late husband of the petitioner as well as to the petitioner by SEBA shall be deducted, while determining the pension amount of the late husband of the petitioner as well as while determining family pension payable to the petitioner.
47) Respondent SEBA shall furnish all the relevant documents including Service Book, etc. pertaining to pension of the late husband of the petitioner to the Commissioner and Secretary, Higher Education Department, Assam forthwith. Thereafter, the Commissioner and Secretary, Higher Education Department, Assam along with the Directorate of Higher Education, Assam within two months from the date of receipt of such documents from SEBA shall forward the Pension proposal of the late husband of the petitioner, including his arrear pension and other pensionary benefits as well as arrear and current Family Pension proposal of the petitioner, including other pensionary benefits as per her entitlement to the Accountant General (Accounts & Entitlements), Assam. The Respondents, named above as well as the Accountant General (Accounts & Entitlements), Assam shall complete with the entire process of payment of Superannuation Pension and other Pensionary Benefits payable to the late husband of the petitioner and Family Pension payable to the petitioner within a period of six months from the date of receipt of certified copy of this order to be furnished by the petitioner.
48) Petitioner shall co-operate with the authorities concerned for preparation of such Pension Proposal of her late husband as well as for preparation of her Family Pension Proposal submitting the relevant documents, service book of her late husband, giving her signatures on and the relevant documents and necessary photographs, Bank Account Number etc. that are required for the said purpose. She shall also furnish her current address, with Telephone Number, Mobile Number, etc. for necessary communications.
49) Petitioner shall submit certified copies of this order before (i) the Commissioner and Secretary to the Government of Assam in the Higher Education Department; (ii) the Director of Higher Education, Assam and (iii) the Secretary, Board of Secondary Education, Assam; obtaining necessary acknowledgement from each of the authority. Petitioner shall also furnish a certified copy of this order to the Accountant General (Accounts & Entitlements), Assam for its necessary use.
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50) Return the records of SEBA relating to late husband of the petitioner Biresh Chandra Goswami, former Controller of Examinations, SEBA that was placed by Mr. Tarun Chutia, learned Standing counsel SEBA obtaining necessary acknowledgement from him in that regard.
51) With the above observation and directions this writ petition stands allowed to the extent above.
JUDGE Comparing Assistant