High Court of Assam · 2025

BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI Date : 14.08.2025 ORDER Heard Mr. I. Haque, learned counsel appearing for the petitioner. Also heard Mr. N. Upadhyay, learned counsel appearing for the respondent Nos.1 and 5; Mr. A. Baruah, learned counsel appearing for the respondent No.4; Mr. D. Baruah, learned counsel appearing for the respondent No.3 and Mr. A. Chaliha, learned counsel appearing for the respondent No.2.

By way of this petition under Article 226 of the Constitution of India, the petitioner is seeking, inter alia, grant of compassionate family pension to the petitioner pursuant to the compassionate family pension scheme, 2017, from 03.11.2019 to 01.01.2022.

Before adverting to the merit of the issue, it is pertinent that on

28.04.2025, a submission on behalf of the learned standing counsel for the AG (A&E) was made before this court to the effect that the Page No.# 3/5 grievance of the petitioner has already been substantially redressed and the amount has also been released. However, there is a small clarification which is required in this case as regards the entitlement of unmarried dependent daughters pertaining to the Compassionate Family Pension (CFP) scheme, and as soon as such clarification, as called for from the parent department, is received, the matter will be dealt with conclusively. The order of this court’s dated 28.04.2025 reads as under:-

28-04-2025 Heard Mr. I. Hoque, learned counsel for the writ petitioner. Also heard Mr. T.C. Chutia, learned Addl. Sr. Govt. Advocate, Assam, Mr. N. Upadhyay, learned standing counsel, Irrigation Department, Assam and Mr. D. Upamanu, learned standing counsel, Finance Department, Assam. Mr. C. Baruah, learned standing counsel, AG (A&E) is also present and submits that the grievance of the writ petitioner has already been substantially redressed and the amount has also been released. However, there is a small clarification which is required in this case as regards the entitlement of unmarried dependent daughters pertaining to Compassionate Family Pension (CFP) scheme and as soon as the such clarification, as called for from the parent department is received, the matter will be dealt with conclusively. The learned counsel for the petitioner has also agreed that the clarification, as called for by the office of the AG(A&E), Assam is required to be furnished by the concerned department. In view of the above, it is provided that the concerned department to furnish its reply in response to the communication dated 26-03- 2025 issued by the Sr. A/Cs Officer, office of the AG(A&E), Assam, within 03 weeks from today. A copy of this order be furnished to Mr. T.C. Chutia, learned Addl. Sr. Govt. Advocate, Assam for doing the needful.

It appears that in terms of the aforesaid order dated 28.04.2025, the concerned Irrigation Department (respondent Nos.1 and 5) was required to furnish its reply in response to the said communication Page No.# 4/5 dated 26.03.2025 issued by the Senior A/Cs Officer, office of the AG(A&E), Assam, within 3 (three) weeks from 28.04.2025.

Today, when the matter is called, Mr. N. Upadhyay, learned counsel appearing for the respondent Nos.1 and 5, submits that the said clarification shall be sent positively within a period of 1 (one) week from today.

Mr. A. Baruah, learned counsel appearing for the respondent No.4, submits that after receiving the clarification as called for, the respondent No.4 shall do the needful within a period of 2 (two) weeks from receipt of the same.

In view of the aforesaid categorical endorsements made by the learned counsel appearing for the parties, this court is of the considered view that the instant writ petition can be disposed of in the interest of justice by directing the respondent Nos.1 and 5 to furnish the clarifications as called for by the respondent No.4 within a period of 1 (one) week from today, and upon receipt of the same, the respondent No. 4 shall do the needful in accordance with law.

It is needless to clarify that since the matter pertains to the Compassionate Family Pension pending for several years, the respondents in their respective departments shall adhere strictly to the time frame committed by them based on which the aforesaid direction has been issued, failing which the concerned officers shall liable to be prosecuted for non-compliance of this court’s order in accordance with law.

It is also needless to clarify that the grievance of the petitioner as regards the family pension shall also be taken into account by the concerned departments, and the same shall also be dealt with in accordance with law within a period of 3 (three) from the date of the Page No.# 5/5 receipt of the certified copy of the order.