Gathi Ram Borah v. State of Assam) & Ors.

Referring to the order dated 13.3.2013 passed in WP(C) No. 4569/2008 (Gathi Ram Borah Vs. State of Assam & Ors.), Mr. Barua, learned counsel for the petitioner submits that because of the services rendered by her husband under the then Miki r Hils now Karbi Anglong District, she is entitled to get family pension along w ith other retirement benefits for the service rendered by her husband. On the ot her hand, Mr. Chutia, learned Standing Counsel, KAAC, submits that the matter is required to be resolved by the State Government in the Education Department. In the aforesaid decision of this Court, upon transfer of the incumbents from th e then Mikir Hills now Karbi Anglong District to Nagaon District, when question arose as to whether the period of service rendered in the district council shoul d be counted towards pensionary benefits or not, it has been held that the earli er period of service is required to be counted. It is in this context, learned c ounsel for the petitioner submits that irrespective of whether the husband of th e petitioner was transferred from Mikir Hills District now Karbi Anglong or not, she is entitled to get penesionary benefits along with other retirement benefit s. As noted above, pursuant to the aforesaid Annexure-2 and 3 communication dated 1 6.5.2005 and 31.5.2005, now the matter is pending with the State Government in t he Education Department for a final decision in the matter. In view of the above, the writ petition is disposed of directing the State Gover nment in the Education Department to take a decision in the matter taking note o f all the attending facts and circumstances and also the aforesaid decision of t his Court. Let the required exercise with appropriate order be carried out as ex peditiously as possible, preferably within 31.1.2014.