Mustt. Monuwara Begum v. The State of Assam and 5 Ors

ORDER Date : 20.08.2024

¶1Heard Mr. M. Ali, learned counsel for the petitioner.

¶2Also heard Mr. G. Pegu, learned Government Advocate, for respondent Nos. 1 & 2; Mr. P.N. Sarma, learned Standing counsel, Elementary Education Department, for respondent Nos. 3 & 5 and Mr. A. Chalia, learned Standing counsel, Finance Department, for respondent No. 4.

¶3The petitioner is the second wife of late Abdul Kashem who retired from service on 31.12.1995 while serving as Head Teacher of Fakuli Maktab L.P. School under Fakuli Education Block in the district of Nagaon, Assam. Thereafter, the petitioner's late husband was granted pension by PPO/E/10676 on 21.11.1996 w.e.f. 01.01.1996 by the Director of Pension, Assam. In the meantime, the first wife of the petitioner died on 29.03.2004. Thereafter, late Abdul Kashem married the present petitioner. The petitioner's late husband continued to receive his full pension till the time of his death on 01.01.2023. After the death of her husband, the petitioner applied for family pension before Page No.# 3/3 the Director of Pension, Assam/respondent No. 2. However, the petitioner was directed to make a representation before the District Elementary Education Officer, Nagaon along with all the relevant documents. Accordingly, the petitioner made a representation before the District Elementary Education Officer, Nagaon, Assam on 26.09.2023 praying for payment of family pension due to death of her husband. The said representation dated 26.09.2023 is yet to be considered by the District Elementary Education Officer, Nagaon, Assam/respondent No. 3.

¶4Accordingly, this writ petition is disposed of directing the respondent No. 3 to consider the representation made by the petitioner on 26.09.2023 and thereafter, pass appropriate orders in accordance with law after verification of all documents within a period of 1 (one) month from the date of receipt of a certified copy of the order of this Court.

¶5With the above observations and directions, this writ petition is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010230772023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6064/2023o MUSTT.oMONUWARAoBEGUMo W/O-oLATEoABULoKASHEM,oR/O-oVILL.-oFAKULI,oP.O.oDIGHALI,oP.S.o RUPAHIHAT,oDIST.oNAGAON,oASSAM,oPIN-o782125. VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oPENSIONoANDoPUBLICoGRIEVANCESoDEPARTMENT,oDISPUR,o GUWAHATI-06. 2:THEoDIRECTORoOFoPENSION oASSAM oHOUSEFEDoCOMPLEX oLASToGATE oDISPUR oGHY-06. 3:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oNAGAON oASSAM 4:THEoTREASURYoOFFICER oNAGAON oDIST.oNAGAON oASSAM 5:THEoBLOCKoELEMENTARYoEDUCATIONoOFFICER oFAKULI oDIST.oNAGAON oASSAM Page No.# 2/3 6:THE BRANCH MANAGER PUNJAB NATIONAL BANK RUPAHIHAT BRANCH P.O. AND P.S. RUPAHIHAT DIST. NAGAON ASSA Advocate for the Petitioner : MR. M ALI, MR. R ISLAM,MR J. ISLAM Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR