RAJIN CHANDRA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Tanmoy Mazumdar, the learned counsel appearing on behalf of the petitioner and Mr. G. Bordoloi, the learned Standing counsel appearing on behalf of the respondent Nos. 1 and 2. I have also heard Mr. R. Borpujari, the learned Standing counsel appearing on behalf of the respondent No.3; Mr. C. S. Hazarika, the learned Standing counsel appearing on behalf of the respondent Nos. 4 and 5; Mr. D. Rabha, the learned Standing counsel appearing on behalf of the respondent No.6.

(2.) The instant writ petition has been filed by the petitioner seeking a direction upon the respondent authorities to release the arrear pension of the petitioner for the period from 1/4/2006 to 30/4/2018 along with interest. The case of the petitioner herein is that the petitioner retired as an Assistant Registrar of Co-operative Societies, Rangia on 31/3/2001 after rendering 35 years 5 months of service. Pursuant thereto, the Pension Payment Order was issued by the respondent authorities vide PPO No.KAM/85344, Case No. PEN-1/PR/A/COOP/10/K-21489/02 in favour of the petitioner. Thereupon, the petitioner was drawing his regular pension. Unfortunately, the petitioner was suffering due to medical ailments for the period from 1/4/2006 to 30/4/2018 for which he failed to submit the required Life Certificate for drawing the pension before the authorities. Accordingly, the petitioner was not paid his pension during the said period.

(3.) The petitioner thereupon after recovering and becoming little stable, approached the respondent authorities vide a letter dtd. 14/5/2018 for withdrawal of pension and arrear w.e.f. 1/4/2006. The Office of the Deputy Commissioner, Kamrup (M), Guwahati (Treasury Establishment) vide a communication No.KTA/PEN-I/CORR/2018/312 dtd. 28/5/2018 requested the Principal Accountant General (A&E), Assam to revalidate and return back the both halves of the PPO for necessary payment. Thereupon, the Senior Accounts Officer of the Accountant General vide a communication dtd. 29/8/2018 informed the Treasury Officer to the effect that he was returning the pensioner's halves of PPO No.KAM/85344 in respect to the petitioner for making necessary arrangement for payment of the current pension w.e.f. 1/5/2018 in terms with Rule 226 of Assam Services (Pension) Rules, 1969. Further to that, it was further mentioned that as the disburser's halves of PPO of the petitioner could not be traced, the Treasury Officer was requested to prepare a duplicate PPO of the petitioner bearing PPO No.KAM/85344 in terms with Rule 225 of the Pension Rules of 1969 to make necessary arrangements for payment. Further, the Treasury Officer was requested to furnish a detailed statement of calculation of the undrawn arrear pension in respect of the petitioner for the period from 1/4/2006 to 30/4/2018 for obtaining necessary sanction from the Government before authorization of the same.