SAKUNTALA DEVI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.K. Das, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned Standing Counsel, Elementary Education Department; Mr. R. Borpujari, learned Standing Counsel, Finance Department; Ms. A. Neog, learned Standing Counsel, NC Hills Autonomous Council and Ms. A. Deuri, learned Standing Counsel, Accountant General for the respondents.

(2.) In this petition, the petitioner is seeking a direction to the respondent authorities to grant regular family pension in respect of the services rendered by her husband late Abdhesh Kumar Singh, who was a Hindi Teacher of Public High School, Harangajao, Dima Hasao. He was initially appointed as a Hindi Teacher on 20.10.1978 and his school was provincialized on 1.1.1985. After provincialisation of the school, the service of the petitioner's husband was also provincialised. However, the husband of the petitioner disappeared with effect from 5.6.2008. An FIR to that effect was filed on 10.06.2008 by the Headmaster of the said School before the Officer-in-Charge, Harangajao Police Station, N.C. Hills. The police ultimately submitted the final report on 14.1.2016 to the effect that there is no possibility of recovery of the petitioner's husband. The Senior Superintendent of Police, Dima Hasao District, Haflong also issued a certificate dated 17.11.2011 to the same effect.

(3.) Accordingly, it has been submitted on behalf of the petitioner that the petitioner's deceased husband has died and, as such, she would be entitled to pension under Rule 143-A of the Assam Service Pension Rules, 1969. It is submitted that the petitioner has not been granted the pensionary benefit on the purported ground that the petitioner has not submitted the relevant documents, though the petitioner has submitted the same. However, it is submitted by the learned Standing Counsel, Director of Pensions that the said documents have been received by them.