JUDGMENT :

The petitioner has instituted the instant writ petition under Article 226 of the Constitution of India seeking inter alia a direction in the nature of mandamus to direct the respondent authorities, more particularly, the respondent no. 2 to issue a Next of Kin [NoK] Certificate to the petitioner on the basis of her application submitted on 23.09.2022 without further delay so as to enable the petitioner to receive the pension and other service benefits of her deceased husband and also to receive regular family pension as per the extant rules in force.

2. The case projected by the petitioner, in brief, is that the husband of the petitioner viz. Saifuz Zaman was a Junior Engineer in the Public Works Department [PWD], Government of Assam and he retired from service on superannuation in June, 2018. After his retirement, Saifuz Zaman submitted all the necessary papers before the concerned authorities for finalization and payment of his monthly pension as well as other retirement benefits. While the process of finalization of monthly pension and other retirement benefits was in progress, Saifuz Zaman expired on 09.07.2020 without receiving any monthly pension and other retirement benefits.

2.1. According to the petitioner, Saifuz Zaman married twice during his life time. The first wife of Saifuz Zaman was one Nabina Khanam [the respondent no. 4]. It is the case of the petitioner that the marriage between Saifuz Zaman and the respondent no. 4 was dissolved on 30.03.2020 by pronouncement of Talak as per the Mohammadan law. The petitioner has claimed that after dissolution of the first marriage, the respondent no. 4 left the company of Saifuz Zaman and was living separately and independently with her children as divorced wife. Saifuz Zaman had two daughters with the respondent no. 4 and, on the other hand, he had two sons from the marriage with the petitioner.

2.2. Prior to his demise, Saifuz Zaman filled up nomination form nominating the petitioner as his nominee before the concerned authorities. After the demise of Saifuz Zaman, the petitioner stated to have approached the employer of Saifuz Zaman for release of the family pension, arrear monthly pension and other retirement benefits entitled to her husband viz. Saifuz Zaman. When so approached, the employer had asked for submission of a Next of Kin [NoK] certificate for processing the matters of family pension, arrear monthly pension and other retirement benefits in favour of the petitioner. The petitioner has stated that she had submitted an application online for issuance of a Next of Kin [NoK] certificate in her favour on 23.09.2020. The petitioner has learnt that the divorced wife of Saifuz Zaman had also submitted a separate application for issuance of legal heir certificate for inclusion of her name as Next of Kin [NoK] of Late Saifuz Zaman. In order to process the Next of Kin [NoK] Certificate, the respondent no. 3 had conducted hearings also by securing the appearance of the petitioner and the respondent no. 4 before by sending to the petitioner and the respondent no. 4. But despite hearings, the Next of Kin [NoK] Certificate has not been issued. Hence, the writ petition.

3. I have heard Mr. H. Ali, learned counsel for the petitioner and Mr. R. Talukdar, learned Junior Government Advocate, Assam for the respondent nos. 1 – 3.

4. Mr. Ali, learned counsel for the petitioner has submitted that pursuant to submission of an application for Next of Kin [NoK] Certificate on 23.09.2020, the respondent no. 3 issued notices on 21.09.2021 and 06.12.2021 to the petitioner as well as the divorced first wife of Saifuz Zaman to attend hearings at his office on 04.10.2021 and 13.12.2021 along with all the relevant documents relating to their relationship with Late Saifuz Zaman. According to the petitioner, the petitioner had attended the hearings before the respondent no. 3 and was