Indian Kanoon - Search engine for Indian Law

By way of the present petition under Article 226 of the Constitution of India, the petitioner seeks direction to the respondents to release the Family Pension, Gratuity, Dearness Relief, pending salary and Public Provident Fund (PPF) of (L) Dr. Rantu Basumatary, Ex-Scientist of ICAR. The petitioner also seeks quashing and setting aside letters dated 26th March, 2015 and 5th June, 2015 passed by the Indian Council of Agricultural Research (ICAR).

2. The respondents have opposed the petition by filing an affidavit-in-opposition.

6. Mr. N. Mozika, learned counsel for the respondents, on instructions, submits that leave encashment, promotional arrears w.e.f. 8th January, 2012 to 19th October, 2014 and GSLIS amount have already been paid to the petitioner. He also submits that provisional family pension is being paid to the petitioner. Learned counsel for the respondents further submits that the issue of family pension could not be processed as the date of death of (L) Dr. Rantu Basumatary could not be ascertained because the petitioner had filed two death certificates. Vide letter dated 22-5-2017, the petitioner was requested to clarify the matter. The Administrative Officer, ICAR vide letter dated 29th July, 2017 requested the petitioner to get the death certificate issued by Guwahati Medical College Hospital (GMCH) rectified and re-submit the same for expeditious processing of pension papers. The petitioner clarified the same vide letter dated 3rd June, 2017. Thereafter, the petitioner re-submitted the pension papers on 10th August, 2017. Learned counsel for respondents further submits that pension and gratuity papers have been processed at ICAR, Umiam and the same will be forwarded to the Payment Paying Authority within a week from today. Learned counsel for respondents also submits that an additional affidavit of the Administrative Officer, ICAR has been filed today. The same is taken on record.