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GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
SARIFUL ISLAM – Appellant
Versus
THE STATE OF ASSAM AND 4 ORS – Respondent


Advocates:
['D K BORDOLOI', '', 'S P CHITTAWAT', 'GA', 'ASSAM', '', 'J HUSSAIN', 'A HALIM', 'A A R KARIM', 'SC', 'AG', 'S MUKTAR']

ORDER

Date : 24.05.2022 Heard Mr. D.K. Bordoloi, learned counsel for the petitioner. Also heard Mr.

D. Bora, learned Govt. Advocate appearing for the State respondent nos. 1, 2 and 4 and Mr. S. Muktar, learned counsel for respondent no.5.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

i) Directing the respondents to release the family pension along with the death cum other retirement benefits as admissible by the law of their deceased father to the physically challenged/specially able brother of the petitioner.

ii) To set aside/quash the death-cum-retirement benefit claim of the respondent no.5 based on her forged documents and/or her claim as a wife of Late Rahim Ali.

iii) To pay any other legal/equitable benefits along with the family pension as admissible under the provisions of Pension Policy which will fully protect the brother of the petitioner for ends of justice.

3. The learned counsel for the petitioner has submitted that his father, namely, Rahim Ali, was working as Havildar in the Office of Assam Police Special Branch, Headquarter, in the rank of Head Constable and was last posted at Barpeta.

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