order

12-11 -2020 [N. Kotiswar Singh, CJ(Acting)]

Heard Mr. S. Banik, learned counsel for the petitioner. Also heard Mr. T.C. Chutia, learned Government Advocate, Assam, appearing for the respondent nos.1, 2. 4 & 5, Mr. G. Baishya, learned Standing Counsel, AG appearing for the respondent no.3 and Mr. M. Islam, learned counsel for the respondent no.6.

2. The matter pertains to sharing of pensionary and other retiral benefits by 2 (two) wives of one late Tayab Ali, who was serving as Un-armed Branch Constable, in the Police Department of the State, before his death. Apparently, there was no dispute in principle amongst the 2 (two) wives, the appellant (second wife of late Tayab Ali) and the respondent no.6 (first wife of late Tayab Ali) and if there is any disagreement, they have undertaken to resolve it among themselves. However, according to the appellant the problem has arisen because of certain observation made by the learned Single Judge in the impugned order dated 02.06.2020 passed in WP(C) No.9140 of 2019. Learned Single Judge seems to have been made certain observation to the effect that the second marriage of late Tayab Ali with the appellant herein is a misconduct under Rule