Heard Mr. KH Choudhury, learned senior counsel who has been appointed by this Court as Amicus Curiae, assisted by Mr. MA Sheikh, learned counsel for the petitioner. Also heard Mr. HK Mahanta, appearing on behalf of the State Govt.

2. This is a case of 1995. Despite the notice issued on the Govt counsel who accepted the same on 1.9.95 at the time of issuing Rule, no affidavit-in-opposition has been filed as usual, nor has any record been produced on behalf of the respondents where the matter has been taken up for hearing. Since no affidavit-in-opposition is forthcoming on behalf of the State-respondents, in view of the settled position of the law laid down in the case of Smti Naseem Bano vs. State of UP & other reported hi AIR 1993 SC 2592, the averments made in this writ petition are deemed to be accepted by the State-respondents.

3. The case of the petitioner in this writ petition is that her husband late Md Azgar Ali was appointed as Assistant Teacher at Koladuba Muktab with effect from 24.11.1961 and later on he was made permanent Headmaster in the said school with effect from 26.9.1963. While the petitioner's husband was working as Headmaster in the said school, he was involved in a criminal case i.e. QR Case No. 1731/1980 under section 302/34 IPC and accordingly, he was convicted in the said case vide judgment and order dated 19.3.87 passed by Sessions Judge, Nagaon, hi Sessions Case No. 62 (N) of 1981 under section 302/34 IPC along with four others and sentenced to suffer imprisonment of life and to pay fine of Rs. 200 (Rupees two hundred) each. Being aggrieved by the said judgment and order referred above, the husband of the petitioner along with others preferred a Criminal Appeal being No. 65 of 1987 before this Court. But during the pendency of the said criminal appeal, the husband of the petitioner Md Azgar Ali died and the said appeal as regards the appellant Mr. Azgar Ali was abated.

4. Be it mentioned here that immediately after the conviction of the husband of the petitioner, the DI of Schools, Nagaon, Assam, vide its order dated 6.4.87 discharged the said Azgar Ali from service with effect from 19.3.87, on the date of his conviction by the Sessions Judge, Nagaon. The said order is made available as Annexure 3 of the writ petition and is extracted as under:

"Office of the Deputy Inspector of Schools, Nagaon, Assam.

Order No. 356 dated 6.4.87

Order: Md Azgar Ali, the Headmaster of Balikotia is discharged from service wef 19.3.87 as the Court held him guilty of murder.

Sd/- Sri Dharmeswar Nath,

Deputy Inspector of Schools, Nagaon, Assam."

5. A perusal of the said order clearly shows that the deceased Md Azgar Ali, Headmaster of the school was discharged from service from the date of his conviction by the trial Court.

6. It is stated that immediately after the death of her husband during the pendency of the criminal appeal in this High Court, the petitioner had approached the authority praying for family pension etc to her. Since she has not been paid any family pension, the petitioner has moved this Court claiming the relief of granting family pension to her.

7. On perusal of the records including the writ petition, it is found that the petitioner has not approached the concerned authority praying such relief of granting family pension to her. Instead, one Md Mujahidul Islam, the son of late Azar Ali, the husband of the petitioner, had approached to the Deputy Inspector of Schools, Nagaon, for granting family pension to his father's family by a representation which is annexed as Annexure 6 to this writ petition. I have not found any other demands made on behalf of the petitioner before the competent authority.

8. Be that as it may, Mr. KH Choudhury, the learned senior counsel appearing on behalf of the petitioner vehemently argues that since the petitioner is an illiterate uneducated widow, she could not file any representation before the concerned , authority and the representation as Annexure 6 was only filed on behalf of h

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