JUDGMENT :

1. Heard Ms. S. Kanungoe, learned counsel for the petitioner. Also heard Ms. M. D. Bora, learned standing counsel for the respondent Nos. 1 to 4 and Mr. D. Deka, learned counsel for the respondent No. 5.

2. The case of the petitioner herein is that her husband one-Late Matleb Hussain @ Motlab Hussain (since deceased) was a Driver Constable under the Superintendent of Police, Bureau of Investigation (EO), Assam who retired on 31.06.2016. Unfortunately, he expired on 11.02.2018 leaving behind his family. During the lifetime of the husband of the petitioner, he had submitted some documents for the purpose of getting the pension. After the death of the petitioner’s husband, the petitioner applied for family pension. However, as the respondents have not granted family pension to her, the petitioner has approached this Court under Article 226 of the Constitution seeking a direction that the respondent authorities to release the family pension to the petitioner.

3. The respondent No. 3 had filed an affidavit-in-opposition. In the said affidavit-in-opposition, it was mentioned that Late Matleb Hussain retired as a Driver Constable from service on 30.06.2016 from the BI(E.O) vide Corrigendum Memo No. E/II-18,426/PT-IX/291 DATED 03.10.2017 issued by the Assam Police Headquarters. It was further mentioned that the husband of the petitioner has submitted an affidavit dated 17.03.2012 wherein he had declared that he had no objection if his salary/pensionary benefits would be equally divided between him and his two wives i.e. the petitioner herein and one Mrs. Renu Begum. Subsequent thereto, the Office of the respondent No. 3 had asked the petitioner’s husband vide a communication dated 10.08.2016 as to whose name would be entered in his pension papers as his nominee to avoid any future litigation. In response to the said letter, the husband of the petitioner again submitted an affidavit on 11.08.2016 wherein he declared that both his wives i.e. the petitioner and Mrs. Renu Begum along with their four children are the legal heirs for preparation of his pension papers. On the basis thereof the Office of the respondent No. 3 sent the pension proposal to the Assam Police Headquarters vide Memorandum dated 31.08.2016 proposing the name of the petitioner, Mrs. Renu Begum along with their four children as legal heirs for preparation of the documents for pensionary benefits. Thereupon the Assam Police Headquarters asked the Office of the respondent No. 3 to strike out the name of Mrs. Renu Begum from the service-sheet and all his pension papers vide communication dated 18.01.2017. Subsequent thereto, on 20.03.2017, the husband of the petitioner submitted another petition wherein he had stated that as good will he nominated both his wives as his nominee in the pension papers through an affidavit even though the petitioner had divorced him. Subsequent thereto, on 22.03.2017, the husband of the petitioner again submitted a prayer petition to the Office of the respondent No. 3 wherein he requested to enter the Divorce Certificate with his first wife and to reflect the name of his second wife in the service-sheet.

4. In view of the fact that the Assam Police Headquarters had asked to omit the name of Mrs. Renu Begum from the service-sheet as well other pension documents, the husband of the petitioner was again asked to submit such type of petition directly to the Assam Police Headquarters vide Communication dated 13.04.2017. The Assam Police Headquarters thereupon instructed vide communication dated 11.10.2017 that the name of illegally married second wife-Mrs. Renu Begum is not reflected in the service-sheet of the husband of the petitioner as well as other pension documents as nominee as per Rule-136/137 and 147 of the AS(P) Rule, 1969 and it is only the first wife who is entitled to get the family pension after the death of the Government servant in future as per the above mentioned Rules. Thereupon, after the superannuation of the husband of