NUR NEHAR BEGUM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Dr. B. Ahmed, the learned counsel for the writ petitioner and Mr. A. Das, the learned Standing Counsel for the Finance Department. Also heard Mr. A. Hasan, the learned Standing Counsel for the Accountant General, Assam and Mr. A. Chetry, the learned counsel appears for the respondent No. 2.

(2.) At the outset, Mr. A. Das submits that since the Forest Department has not filed any affidavit-in-opposition in the matter, he may be granted some time to obtain instructions in the matter. However, considering the fact that the writ petitions were filed in the year 2014-2015 and in view of the issues involved, I am not inclined to grant further time to the Forest Department.

(3.) Mr. A. Hasan, the learned Standing Counsel for the Accountant General, Assam submits that the petitioner has been duly released family pension as admissible under the law and to substantiate his submission, he has produced family pension payment order (FPPO) No. 902614220602 dated 12.08.2015. However, since the petitioner seeks quashing of the penalty imposed upon her late husband, family pension already granted will be in addition to what she may be ultimately entitled to. Therefore, the communication dated 12.08.2015 produced by Mr. A. Hasan though accepted but the same is not final. Nevertheless, the same is marked as 'X' for identification and kept on record.