GAHC010017172023

2025:GAU-AS:365

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/486/2023

SULTANA REJIYA

W/O- LT. ABDUL GANI, VILL- PASCHIM MOINBORI, P.O. MOINBORI, P.S.

KALGACHIA, DIST.- BARPETA, ASSAM, PIN- 781321

VERSUS

THE STATE OF ASSAM AND 6 ORS

REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, AGRICULTURE

DEPTT., DISPUR, GHY-6

2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM

FINANCE DEPTT. DISPUR GHY-6

3:THE DIRECTOR OF AGRICULTURE

ASSAM KHANAPARA GHY-22

4:THE DISTRICT AGRICULTURE OFFICER

DHUBRI ASSAM

5:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GHY-29

6:THE TREASURY OFFICER BARPETA

ASSAM PIN- 783101

7:JOY BHANU W/O- LT. ABDUL GANI

VILL- PASCHIM MOINBORI

P.O. MOINBORI P.S. KALGACHIA

DIST.- BARPETA ASSAM PIN- 78132

Advocate for the Petitioner : MD H R AHMED, MR S ISLAM

Advocate for the Respondent : SC, AGRI. DEPARTMENT, MS. U HAZARIKA (r-7),MS

CHITRALEKHA DAS (r-7),MR. K R PATGIRI (r-7),SC, AG,SC, FINANCE

BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR Date of hearing : 09.01.2025 Date of Judgment : 09.01.2025 Judgment & order(Oral)

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 1 ^st 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 nd that the family pension be disbursed in the name of the 2 rd party(petitioner, herein) along with the 3 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