ORDER

Date : 27-09-2022 Heard Mr. B Islam, learned counsel for the petitioner. Also heard Mr. B Gogoi, learned counsel for the respondents no. 1 and 5 being the authorities under the Finance Department, Ms. Y K Swu, learned counsel for the respondent no. 2 being the authorities under the Accountant General (A & E), Assam and Mr. R Dhar, learned counsel for the respondents no. 3 and 4 being the authorities under the PWD, Government of Assam.

2. The petitioner claims to be the wife of the deceased Mohi Ram Bora who was working as Sub Engineer Grade-II under the Executive Engineer, NH Division, Nagaon. The deceased husband of the petitioner Mohi Ram Bora retired from service on 30.06.1986 and was paid his pension as per the PPO No. 37175. The first wife of the deceased Mohi Ram Bora namely Premeswari Borah is stated to have died on 11.11.1978. After the death of the first wife, the petitioner claims that the deceased Mohi Ram Bora married her on 15.10.1979. Accordingly, it is the claim of the petitioner that although she is the second wife of the deceased Mohi Ram Bora but at the time of her marriage, she was the only surviving wife of the deceased and therefore, the marriage was legitimate.

3. The deceased Mohi Ram Bora died on 10.09.2021. On his death, the petitioner on the strength of her claim of being the wife of the deceased Mohi Ram Bora, claims for family pension. When the deceased Mohi Ram Bora was in a pensionable service and he was paid the pension, under Rule 143 of the Assam Services (Pension) Rules, 1969, the surviving wife of the deceased would be entitled to family pension but in the instant case, there is a requirement of factual verification as to whether the petitioner was the legitimate wife of the deceased Mohi Ram Bora.

4. Accordingly, we dispose of this writ petition directing the Executive Engineer, PWD, NH Division, Nagaon to give a hearing to the petitioner and the petitioner shall produce all the relevant materials that may be available to substantiate that she was the legitimate wife of the deceased Mohi Ram Bora meaning thereby that there was a valid marriage between the two and secondly, after the marriage, the petitioner was the sole surviving wife of the deceased. The petitioner to appear before the Executive Engineer on 12.10.2022. Upon her appearance, the Executive Engineer shall examine the claim of the petitioner, verify all the relevant documents and pass a reasoned order on the entitlement of the petitioner for family pension in respect of the deceased Mohi Ram Bora and if the order is in favour of the petitioner, necessary follow up action be taken for payment of family pension. If on the other hand, upon examination, the conclusion of the Executive Engineer would be that the petitioner was not the legitimate wife of the deceased, consequential order be passed and the petitioner be informed about it.

5. The requirement be done within a period of three months from the date of receipt of certified copy of this order.

Writ petition stands disposed of in the above terms.

JUDGE Comparing Assistant