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2015 Supreme(Gau) 555

T.VAIPHEI
Mala Kalita – Appellant
Versus
State of Assam – Respondent


Advocate Appeared:
For the Petitioner:Mr. S.K. Singha, Mr. B. Kumar, Mr. M.K. Neog, Advocates.
For the Respondents: Mr. P. Saikia, SC, Secondary Education Deptt. Mr. C. Baruah, SC, AG Ms. B. Choudhury, for res.7.

JUDGMENT :

The sole question which falls for consideration in this writ petition is whether an illegitimate son is entitled to a share in the family pension of his deceased father along with his first wife?

2. The facts giving rise to this controversy may be briefly noticed at the outset. The deceased died on 21-6-2013 due to illness when he was serving as Senior Assistant under the Directorate of Secondary Education, Assam. He is survived by his first wife (the petitioner herein), his second wife (the respondent No. 7), his four sons born from his wedlock with the petitioner and one son (Mritunjoy Kalita) born out of his wed-lock with the respondent No. 7. In the Certificate of Next of Kin dated 6-8-2013 issued by the Deputy Commissioner, Kamrup (Metro), the names of the petitioner and the five sons were shown as his legal heirs. Following the death of the deceased, the petitioner applied for family pension of her husband, but her pension papers have not been forwarded by the respondent No. 2 to the respondent No. 6 till now. In the meantime, the respondent No. 3 expressed doubts on the genuineness of the said certificate issued by the Deputy Commissioner, Kamrup (Metro) and suggest






















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