The eldest surviving widow is entitled to family pension as a trustee for all entitled parties, ensuring equitable distribution per the agreement between the wives.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1. Heard Mr. H.R. Ahmed, learned counsel, appearing on behalf of the petitioner. Also heard Ms. G. Borah, learned standing counsel, Agriculture Department, appearing on behalf of respondents No. 1, 3 & 4; Mr. A. Chaliha, learned standing counsel, Finance Department, appearing on behalf of respondents No. 2, & 6; Mr. C. Baruah, learned standing counsel, Accountant General (A&E), Assam; appearing on behalf of respondent No. 5 and Mr. K.R. Patigiri, learned counsel, appearing on behalf of respondent No. 7.

2. The petitioner, herein, in the present proceeding, has raised a grievance with regard to the communication, dated 23.11.2022, issued by the Office of the Accountant General (A&E), Assam, to the extent that the husband of the petitioner having not declared the date of marriage with the petitioner, herein, while submitting his pension papers, it was not possible on the part of the Office to establish and share the family pension at this stage until and unless the provisions of Rule 143(ii) of the Assam Service(Pension) Rules, 1969, was relaxed.

3. As projected in the writ petition, the petitioner, herein, is the 1st wife of Late Abdul Goni. The husband of the petitioner had retired from his service on attaining the age of superannuation w.e.f. 31.12.2009. The husband of the petitioner, at the time of his retirement, was serving as an Agriculture Inspector in the establishment of District Agricultural Officer, Dhubri, Assam. The pension and pensionary benefits of the husband of the petitioner was finalized and the Office of the respondent No. 5 had issued a Pension Payment Order (PPO) in this respect to the husband of the petitioner and he was drawing his pension basing thereon. The husband of the petitioner had passed away on 23.02.2018. It is also to be noted that the husband of the petitioner had also married the respondent No. 7, herein. The husband of the petitioner before his death, had executed a deed of agreement-cum-memorandum of understanding by and between himself and his 2(two) wives i.e. petitioner and the respondent No. 7, herein, on 06.02.2018. In the said deed of agreement, it was stipulated that the family pension be disbursed in the name of the 2nd party (petitioner, herein) along with the 3rd party (respondent No. 7, herein), in equal proportion.

4. It is seen that the petitioner and the respondent No. 7, by enclosing the said deed of agreement-cum-memorandum of understanding on 06.02.2018, had submitted a joint application before the District Agricultural Officer, Dhubri, praying for releasing the family pension which was, in the meanwhile, after the death of the husband of the petitioner, kept in abeyance.

5. The District Agricultural Officer, Dhubri, had, thereafter, vide communication, dated 05.01.2022, forwarded the joint application as submitted in the matter on 22.12.2021, by the petitioner and the respondent No. 7, herein, to the Office of the Accountant General (A&E), Assam, for necessary action and for an early settlement of the family pension. It is, in response to the said communication, dated 05.01.2022, that the Office of the Accountant General (A&E), Assam, had issued the impugned communication, dated 23.11.2022, with the following stipulations:

“In terms of Note 1 below Rule 143 (ii) of Assam Services (Pension) Rules 1969 states, in cases where there are two or more widows. Pension will be payable to the eldest surviving widow. On her death it will be payable to the next surviving widow, if any. The term ‘eldest’ would mean seniority with reference to the date of marriage. In the instant case Late Abdul Goni had not declared the name and seniority of date of marriage performed with Smti Sultana Rejiya while submitting the pension papers, so it would not be possible on the part of this Office to establish and share the family pension at this stage until and unless the aforesaid rule is relaxed/invoked by the Department with the concurrence of Administrative Trainin