Gauhati High Court
Binod Kumar Deka vs The State Of Assam And 5 Ors on 20 March, 2023
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/4
GAHC010249382022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7962/2022
BINOD KUMAR DEKA
S/O LATE PRAFULLA CH. DEKA, R/O HOUSE NO. BAGHORBORI
(PANJABARI), NEAR SHIV MANDIR, GUWHAATI-781022, P.S.-DISPUR, DIST-
KAMRUP(M), ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, SECRETARIAT ADMINISTRATION
DEPARTMENT, DISPUR, GUWAHATI-781006
2:THE SECRETARY
GOVERNMENT OF ASSAM
PERSONNEL (A) DEPARTMENT
DISPUR
ASSAM
GUWAHATI-781006
3:THE DEPUTY SECRETARY TO THE GOVERNMENT OF ASSAM
PERSONNEL (A) DEPARTMENT
DISPUR
ASSAM
GUWAHATI-781006
4:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
FINANCE DEPARTMENT
ASSAM
5:THE ACCOUNTANT GENERAL (A AND E)
ASSAM
Page No.# 2/4
MAIDAMGAON
BELTOLA
GUWAHATI-781028
6:THE COMMISSIONER AND SECRETARY
PENSION AND PUBLIC GRIEVANCES
GOVERNMENT OF ASSAM
DISPUR
GUWAHATI-78100
Advocate for the Petitioner : MS. B BHUYAN
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 20.03.2023 Heard Ms. Bornali Bhuyan, the learned Senior Counsel assisted by Ms. B. Bora, the learned counsel for the petitioner. Mr. A. Chakraborty, the learned counsel appears on behalf of the respondent Nos. 2, 3 and 6, Mr. A. Hassan, the learned counsel appears on behalf of the respondent No 5 and Mr. A. Phukan, the learned counsel appears for the respondent No. 1.
Mr. A. Chakraborty, the learned counsel appearing on behalf of the respondent Nos. 2, 3 and 6 submitted that the provident fund/GPF in respect to the petitioner are not withheld by the Government and the Accountant General (A & E) have been already communicated vide a communication dated 29/3/2019 for final payment of the GPF to the petitioner. As regards the leave encashment, the petitioner has not made any application for release of the leave encashment. However, the Personal Department have requested the Accountant General (A & E) to provide with a leave admissibility report for sanction of the leave encashment. The learned counsel further submitted that Page No.# 3/4 the gratuity fund in respect of the petitioner has not been released due to pending departmental proceedings against the petitioner and Rule 22 of the Assam Service(Pension) Rules, 1969. It has been further mentioned that upon the petitioner being put on suspension, the Department vide a communication dated 12th of January, 2018 conveyed the sanction for payment of the subsistence allowance to the petitioner at the rate under FR 53 (1) (ii) (a) subject to production of certificate as required under FR 53 (2) of the FR and SR. It has been further mentioned that on 26th of June, 2018 the Governor of Assam has further conveyed the sanction to the payment of the subsistence allowance to the petitioner until further orders w.e.f. 14/12/2017 at the enhanced rate of 75% subject to production of certificate as required under FR 53 (2) of the FR and SR. It has been further mentioned that the petitioner has been receiving the provisional pension.
On the other hand, Ms. B. Bhuyan, the learned Senior Counsel submitted as per her instructions submitted that the petitioner has not received any subsistence allowance. However, she has no instruction as to whether the petitioner has submitted the certificate as required under FR 53 (2) of the FR and SR.
Let the matter be listed again on 28th of April, 2023. On the said date, the learned counsel appearing on behalf of the Accountant General (A & E) shall apprise this Court as to whether the final payment of the GPF has already been made to the petitioner or not. Further to that, the learned counsel appearing on behalf of the Accountant General (A & E) shall also apprise the Court as regards the release of the leave encashment.
Mr. A. Chakraborty, the learned counsel appearing on behalf of the Page No.# 4/4 respondent Nos. 2, 3 and 6 shall also apprise this Court as to whether the petitioner has been paid the subsistence allowance pursuant to the sanction which has been granted as reflected in the instant order. The details in respect thereof shall be placed before this Court. The said counsel shall also apprise this Court as regards the entitlement of the petitioner to the GIS.
This Court further keeps on record the instructions so placed by the learned counsel Mr. A. Chakraborty and marks it with the letter "X".
List accordingly.
JUDGE Comparing Assistant