LAWS(GAU)-2006-8-75

LAHESWARI BASUMATARY Vs. STATE OF ASSAM AND ORS.

Decided On August 18, 2006
Laheswari Basumatary Appellant
V/S
STATE OF ASSAM And ORS. Respondents

JUDGEMENT

(1.) THIS writ petition narrates the woeful tale of an employee, who during his lifetime did not receive pensionary and other retirement benefits, even after, 12 years of retirement on attaining the age of superannuation. He could not leave anything for his wife and family except the hope of getting the pensionary and other retirement benefits with burden of pursuing the same left to his wife. It took another 9 years for the wife, who is the petitioner in the instant writ petition, to get the said benefits at the intervention of this court. The apathy shown by the respondents in the matter is simply intolerable.

(2.) THE husband of the petitioner. Late Shri Jogendra Chandra Basumatary, entered the services of the respondents in the post of Mohorar way back in 1955 and retired from service on attaining the age of superannuation with effect from 31.10.1985. At the time of retirement, he was working as Lower Division Assistant (LDA) in the Bijni Tehsil office, which at that point of time was operating under the Deputy Commissioner, Kokrajhar. The Department in which he had been serving is the Revenue Department. After his retirement, necessary proposal for pension was sent by the then Deputy Commissioner, Kokrajhar by Annexure -1 letter dated 19.8.87 addressed to the Secretary, Revenue Department.

(3.) THE petitioner having had no other alternative invoked the writ jurisdiction of this court by filing the writ petition on 5.10.2001, exactly after 16 years of retirement of her husband from service and 4 years of retirement from this world. While entertaining the writ petition, this court having regard to the fact situation was inclined to pass an interim order directing the respondents to pay a sum of Rs. 50,000 to the petitioner for her survival. The payment was to be made within one month from the date of passing the order on 12.10.2001. This interim order passed by this court also remained unimplemented as if the respondents took the pledge not to budge an inch from their commitment not to pay retirement benefits to the petitioner.