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2023 Supreme(Gau) 97

DEVASHIS BARUAH
Monuwara Begum @ Monuwaara Begum, W/O- Late Matleb Hussain @ Motlab Hussain – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MS. S KANUNGOE
For the Respondent:Ms. M. D. Bora, Mr. D. Deka, Advocate

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 Co

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