PURNIMA TAMULI PHUKAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. B. Sinha, learned counsel for the petitioner. Also heard Mr. D. Saikia, learned Additional Advocate General, Assam representing the Education Department and Mr. U.K. Nair, learned Standing Counsel, Pension & Public Grievance, Assam.

(2.) THE matter relates to family pension. The details of the case have been recorded in various orders passed from time to time. The husband of the petitioner retired from service on attaining the age of superannuation on 31.3.2002. He was serving as Head Teacher of Molan Nandi Ali L.P. School under the D.I. of Schools, Nagaon. After his retirement, although provisional pension was paid, the same was stopped after few months. He died on 27.7.2004 without getting the pension. Thereafter, it was the turn of the petitioner's wife i.e. the present petitioner to get family pension. However, inspite of her repeated approach when the family pension was not paid, she filed the instant writ petition. By the time the writ petition was filed, long 10 years had gone by from the date of retirement of her husband on attaining the age of suprannuation. It was only because of persuasion of this Court and constant monitoring of the case, eventually the petitioner has been paid her family pension counting the service of her husband from 1991 and to be precise from 3.4.1991.

(3.) INSPITE of repeated orders passed by this Court in reference to another order passed on 19.7.2006 in WP(C) No. 3267/2006, by which, under similar circumstances, the period of service rendered under KAAC by another teacher was directed to be counted for the purpose of pension, when no clarification was furnished, cost of Rs. 10,000/- followed by another Rs. 10,000/- was imposed as reflected in the order passed on 7.6.2013. Earlier also a cost of Rs. 10,000/- was imposed for non- responsive attitude on the part of the Education Department.