BIRENDRA RAJBANGSHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N.K. Kalita, learned counsel for the petitioner as well as Mr. B.J. Talukdar, learned counsel representing respondent nos. 1, 2, 3 and 4. Also heard Mr. C. Baruah, learned counsel representing respondent no. 5. Private Respondent No. 6 although represented, the learned counsel has not appeared today despite name being shown in the Cause List.

(2.) The short facts leading to the institution of this case is that the petitioner retired as Sub-Inspector from Assam Police on 31.01.2015 on attaining the age of superannuation. Although the petitioner had submitted all the papers facilitating payment of pension, however, the State Respondents have not initiated the processing of the pension papers. In this respect the petitioner had also submitted legal notice on 24.03.2015. As nothing was forth-coming, the petitioner is before this Court.

(3.) In the affidavit-in-opposition filed on behalf of respondent nos. 2, 3 and 4, stand taken is that the private respondent no. 6, being the wife of the petitioner but living separately, has instituted Title Suit No. 74/2013 before the Court of the Munsiff, Kamrup (M), Guwahati seeking declaration that she is the legally married wife of the petitioner and her name be entered in the service record of the petitioner. According to the said respondents, the said Title Suit is pending disposal before the Court below and for the fact that the matter is sub judice, the pension papers of the petitioner have not been processed. In the said affidavit-in-opposition it is also indicated that the processing of the pension papers of the petitioner have been put on hold in view of a letter dated 06.05.2015 obtained from the Government Pleader, Kamrup(M), Guwahati. Despite the fact that the pension papers have not yet been processed, a stand is also taken that the petitioner is being paid provisional pension in terms of Rule 22(1) of the Assam Services (Pension) Rules, 1996.