JUDGMENT AND ORDER :

1. Heard Mr. B. Gogoi, learned counsel for the petitioner. Also heard Mr. A. Chetry, learned standing counsel, Pension and Public Grievances Department appearing for respondent No. 8, Mr. K.M. Haloi, learned counsel appearing for respondent No. 7, Mr. G. Baishya, learned standing counsel, Accountant General, Assam appearing for respondent No. 6, Mr. N. Goswami, learned State counsel appearing for respondent Nos. 4 and 5 and Mr. C. Bhattacharyya, learned standing counsel, Education (Secondary) Department appearing for respondent Nos. 1, 2 and 3.

2. One Baneswar Nath, who was an Assistant Teacher in Ballamguri High School, expired on 5.5.2014.

3. The petitioner claims that she was married to Baneswar Nath as per Hindu rites and rituals in the year 1982 and out of their wedlock, four children were born. After expiry of her husband she applied for family pension and other retirement benefits. An application for grant of legal heir certificate was filed by her. In the process she came to learn that respondent No. 7 had also staked her claim as a wife of late Baneswar Nath and she had also filed an application for obtaining a legal heir certificate. After an enquiry, the respondent No. 4 had issued a legal heir certificate dated 1.9.2014 showing the petitioner and the respondent No. 7 as the first and second wife, respectively.

4. A petition was filed by the petitioner for grant of Succession Certificate in which respondent No. 7 was also made a party.

5. This instant application is filed by the petitioner on the ground that instead of contesting the case for grant of Succession Certificate being Misc. (SC) Case No. 9/2014, the respondent No. 7 was pursuing the authorities for finalizing the family pension and other retirement benefits in her name and the authorities had also started processing the same. Accordingly, the writ petition is filed praying for a direction to the respondents to process finalization of payment of family pension and other retirement benefits on account of Baneswar Nath in favour of the petitioner, she being the legally married wife and nominee of the said deceased person.

6. An affidavit was filed by the respondent No. 7 stating that no marriage was solemnized between the writ petitioner and Baneswar Nath and on the contrary, marriage was solemnized between her and Baneswar Nath on 13.5.1990 by the Subanshree – Lakhipur Branch of Srimanta Sankardev Sangha as per rites and rituals of the Sangha. It is also stated that the petitioner had deserted Baneswar Nath in the year 1988 and she had no relationship with the deceased husband of respondent No.

7. On the basis thereof, it is stated that being the legally married wife of Baneswar Nath she is entitled to family pension and other retirement benefits. It is also pleaded that she has contested Misc. (SC) Case No. 9/2014. 7. Respondent No. 4 had filed an affidavit stating that the order dated 4.2.1992 of Chief Judicial Magistrate, Bongaigaon in Case No. 37/1990 arising out of a proceeding under Section 125 Cr. P.C. revealed that respondent No. 7 is the second wife of Baneswar Nath.

8. Respondent No. 6 had filed an affidavit stating that it has no role to play in authorizing family pension in respect of late Baneswar Nath as Ballamguri High School is a provincialised school.

9. By drawing attention of the Court to Annexure-1 document, which is a Nomination Certificate dated 1.2.1985 in respect of State Government Employees Group Insurance Scheme, 1982, Mr. Gogoi has submitted that Baneswar Nath had appointed the petitioner as his nominee and she was shown as his wife. It is submitted by him that on the own version of respondent No. 7 that she had married the husband of the petitioner in the year 1990 goes to show that the so called marriage is a nullity, the same being subsequent to the marriage of the petitioner with Baneswar Nath, as the parties are governed by Hindu law. The plea that there was no marriage of the petitioner with Baneswar Nath is ma

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