Decided on August 30,2018

Rakhi Nath Appellant
The State Of Assam And 5 Ors Respondents


SONGKHUPCHUNG SERTO,J. - (1.) Heard Mr. F.U. Borbhuiya, learned counsel for the petitioner and also heard Mr. B. Goswami, learned Additional Advocate General appearing for the respondent No. 1, 4 and 5, Mr. A. Hasan, learned counsel appearing for the respondent No. 6, Mr. R. Borpujari, learned Standing Counsel appearing for the Finance Department and Mr. N. Goswami, learned Government Advocate appearing for the respondent No. 2.
(2.) The petitioner's husband was appointed as workcharged helper under the SDO (M), Flood Control Department, Silchar for a period of 3 months w.e.f. 01.10.1982, vide order No. 179, dated 07.10.82, issued by the Executive Engineer, Mechanical Division, F.C. Department in the scale of pay of Rs. 190-2-200-3-242-4-250/- P.M. plus other allowances as admissible and sanctioned by the Govt. from time to time. He continued as such till he was regularised w.e.f. 01.01.1991, vide order No. 24, dated 22.01.1991, issued by the Executive Engineer Mechanical Division F.C. Department. After continuing as regular employee as work-charge helper for more than 7 years, vide order No. 39 of 1997-98, dated 17.11.97 issued by the Executive Engineer, Silchar Mechanical F.C. Division he was promoted provisionally as work-charge Asstt. Welder in the scale of pay of Rs. 975-15-1005-20-1205-EB-20-1225-30-1435-40-1635-50-1935/- P.M. plus other allowances as admissible under rules for a period of 89 (eighty nine) days with effect from 1.12.97. After his promotion he continued in that post for about 14 years and while serving as work-charge employee he expired on 11.08.2011 leaving behind his wife i.e. the petitioner in this writ petition and 3(three) minor children. After the death of her husband GPF money of her husband was released to her but no other pensionary benefits including the family pension was given to the petitioner. Therefore, she approached the Executive Engineer concerned and the concerned Executive Engineer requested the Chief Engineer, Water Resource Department, vide his letter dated 23.09.2011, to pass necessary order so that the petitioner and her family members are able to enjoy pensionary benefits. Thereafter the petitioner submitted a representation to the Commissioner and Secretary to the Govt. of Assam, Pension and Grievances Cell on 20.01.2017 requesting him to intervene in the matter so that the family pension along with other pensionary benefits are released to her and her minor children. Since the petitioner did not get the desired result she has come to this Court by filing the present writ petition praying for issuance of appropriate writ or order or direction directing the respondents to sanction and release the service benefits of her husband and to finalise the family pension accrued from her husband's service and pay the same within a stipulated period of time and at the earliest.
(3.) No affidavit has been filed by the respondents however, the learned Additional Advocate General submits that his submission is based on instruction received from the concerned authorities.;

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