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2021 Supreme(Gau) 431

RUMI KUMARI PHUKAN
Pranati Roy – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Appellant :I. Atom and T. Sheikh, Advocates
For the Respondents:N. Dhar, C. Baruah, Advocates and N. Goswami, GA

JUDGMENT :

Rumi Kumari Phukan, J.

1. Heard Mr. I Alom, learned counsel appearing on behalf of the petitioner. Also heard Mr. N Dhar, learned counsel for respondent No. 7, Mr. C Baruah, learned Standing Counsel, appearing on behalf of respondent No. 4/AG, Assam and Mr. N Goswami, learned Government Advocate, Assam, appearing for the respondent Nos. 1, 2, 3, 5 and 6.

2. According to the petitioner, she is the legally married wife of Late Subhash Roy and their marriage was solemnized on 15.05.2000 and they lived together as husband and wife, till his death. Said Subhash Roy was working as Chief Warden in the office of the Superintendent, Central Jail, Silchar, and retired from service on 30.6.2004 and died on 2.3.2013. During his lifetime, the petitioner was recorded as nominee in the Service Book as well as he has other documents, like postal savings bank account and she also stood as a guarantor in the bank, while her deceased husband took loan from the Bank. After the death of her husband, she had also withdrawn the retirement benefits, like GPF, GIS, DCRG etc. But in the year 2014, Smt. Jaya Biswas, respondent No. 7 got the succession certificate (ex-parte) from the Court of learned

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