GAHC010207542025

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/5474/2025

MONOWARA KHATUN AND ANR

W/O LT. ABU BAKKAR SIDDIQUE, VILL- DIARA (GARAMARI PT-II), P.O.-

RADHAMADHAB HAT, P.S.- MANKACHAR, DIST- SOUTH SALMARA

MANKACHAR, ASSAM, PIN-783131

2: MONCHEHERA KHATUN

W/O LT. ABU BAKKAR SIDDIQUE

VILL- DIARA (GARAMARI PT-II)

P.O.- RADHAMADHAB HAT

P.S.- MANKACHAR

DIST- SOUTH SALMARA MANKACHAR

ASSAM

PIN-78313

VERSUS

THE STATE OF ASSAM AND 6 ORS.

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE

GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE

DEPARTMENT, DISPUR, GUWAHATI-06

2:THE ACCOUNTANT GENERAL

ASSAM

MAIDAMGAON

BELTOLA

GUWAHATI-29

3:THE DIRECTOR OF PENSION

ASSAM

HOUSEFED COMPLEX

DISPUR

GUWAHATI-06

4:THE DIRECTOR OF HEALTH SERVICES

ASSAM HENGRABARI GUWAHATI-36

5:THE JOINT DIRECTOR OF HEALTH SERVICES DHUBRI P.O.- DHUBRI DIST- DHUBRI ASSAM PIN-783001

6:THE JOINT DIRECTOR OF HEALTH SERVICES SOUTH SALMARA MANKACHAR P.O.- HATSINGIMARI DIST- SOUTH SALMARA MANKACHAR ASSAM PIN-783135

7:THE MEDICAL OFFICER TUMNI COMMUNITY HEALTH CENTRE (C.H.C.)

P.O.- TUMNI DIST- SOUTH SALMARA MANKACHAR ASSAM PIN-78312 Advocate for the Petitioner : MR. M R KHANDAKAR, MR. A ROHMAN Advocate for the Respondent : SC, HEALTH, SC, AG,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 12-11-2025 Heard Mr. M.R. Khandakar, learned counsel for the petitioners. Also heard Ms. D.

Bora, learned standing counsel, H&FW Department, Assam as well as Mr. B. Sarma, learned standing counsel, AG(A&E), Assam.

2. The writ petitioners who are the wives of Late Abu Bakkar Siddique have joined together to institute the present writ petition praying for a direction upon the respondent authorities to release to them their due family pension along with arrears thereof w.e.f. May, 2022, in respect of the service rendered by their husband, who at the time of his death was serving as a Gr-IV employee at the Tumni Kawahagi CHC under the Health &

Family (H&FW) Department.

3. The facts, in brief, requisite for adjudication of the issues arising in the present writ petition is noticed as under:

The petitioner No. 1 is the first wife of late Abu Bakkar Siddique while the petitioner No. 2 is his second wife. Late Abu Bakkar Siddique while serving as a Gr-IV employee in Tumni Kawahagi CHC under the H&FW Department had retired from his services on 30- 04-2022. Thereafter, he had passed away, on 22-05-2022. The petitioners, herein, being the wives of late Abu Bakkar Siddique, had approached the authorities for releasing to them their due family pension. However, it is seen that the respondent authorities have not considered the prayer made by the petitioners, herein. Accordingly, the petitioners have instituted the present proceeding, inter-alia, praying that the family pension be released to them in equal proportion along with release of arrears in equal proportion to them.

4. I have heard the learned counsel for the parties and also perused the materials available on record.

5. The entitlement of the petitioners, herein, to be authorized family pension in respect of the services rendered by their husband late Abu Bakkar Siddique having not been disputed in the present proceeding by the respondent authorities, this Court holds that the petitioners, herein, are entitled to be authorized family pension in accordance with the provision of the Assam Services (Pension) Rules, 1969. However, a issue would arise, herein, as to the manner in which the said family pension and other pensionary benefits is to be released to the petitioners, herein. The said issue need not detain this Court any further inasmuch as the issue has already been laid to rest by the decision of the Full Bench by this Court in the case of Musstt. Junufa Bibi Vs. Mustt. Padma Begum & Ors. (judgment dated 22-12-2022 in W.A. No. 160/2018).

6. The Full Bench of this Court after considering all relevant issues had drawn the following conclusions:

“21. In the circumstance, the concept of a