GAHC010128142021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Cont.Cas(C)/293/2021 SMT. KUNJAMAI BORDOLOI W/O LATE GAHIN CHANDRA BORDOLOI, R/O VILL-KUMARBORI, P.O.-

KILLING VALLEY, P.S.-JAGIROAD, DIST-MORIGAON, ASSAM, PIN-782410 VERSUS DR. (MRS.) BIJOYA CHOUDHURY AND 9 ORS SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI-06, DIST- KAMRUP(M), ASSAM.

2:SRI SANTANU P. GOTMARE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT DISPUR GUWAHATI-06 DIST- KAMRUP(M)

ASSAM

3:MANISH THAKUR COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06 DIST-KAMRUP (M)

ASSAM

4:SUBHAS DAS DIRECTOR OF PENSION HOUSEFED COMPLEX DISPUR GUWAHATI-06 DIST-KAMRUP(M)

ASSAM

5:SMTI. SURANJANA SENAPATI DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 DIST-KAMRUP(M)

ASSAM

6:AFONG ENGTI DISTRICT PRIMARY EDUCATION OFFICER PRIMARY EDUCATION DEPARTMENT KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU P.O.-DIPHU PIN-782460 DIST- KARBI ANGLONG ASSAM

7:SRI K.S. GOPINATH NARAYAN PRINCIPAL ACCOUNTANT GENERAL (A ND E)

MAIDAMGAON BELTOLA P.O.-BELTOLA GUWAHATI-29 DIST-KAMRUP(M)

ASSAM.

8:KATHARSON ENGTI SUB INSPECTOR OF SCHOOLS AUGURI CIRCLE P.O.-AUGURI DIST-KARBI ANGLONG ASSAM PIN-782413

9:SRI MUKUL KUMAR SAIKIA PRINCIPAL SECRETARY KARBI ANGLONG AUTONOMOUS COUNCIL P.O.-DIPHU DIST-KARBI ANGLONG ASSAM PIN-782460

10:NARAYAN KONWAR IAS SECRETARY TO THE GOVERNMENT OF ASSAM EDUCATION (ELEMENTARY DEPARTMENT)

DISPUR GUWAHATI-781006 Advocate for the Petitioner : MR. D BORAH, Advocate for the Respondent : MR B DEURI (R-4), MS R GOGOI,MR. D NATH (R-2),MS. S KEMPRAI (r-6),MR J CHUTIYA (r-6)

BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER

06-02-2026

1. Heard Mr. D. Borah, learned counsel for the petitioner and Mr. S.M.T.Chistie, learned counsel appearing for the respondent/contemnor Nos. 1, 5 & 10.

2. The present contempt petition is filed alleging willful and deliberate violation of the order dated 29.11.2019 passed in WP(C) No. 8754/2019.

3. The grievance raised in the said writ petition was that the petitioner has not been granted family pension on the death of her husband, i.e., Gahin Ch. Bordoloi, who retired on 29.04.1998 and thereafter, expired on 05.02.2006.

4. It was pleaded by the petitioner in the aforenoted writ petition that her husband was serving on regular basis under the Primary Education Department, Karbi Anglong Autonmous Council (KAAC), Diphu and though her husband was entitled to pension, he was not given any pension and prior to getting the pensionary benefit, the petitioner’s husband died. Accordingly, the writ petition was filed.

5. The aforenoted writ petition was disposed of with the following directions:

“ In that view of the matter, the present petition is disposed of directing the respondent authorities to examine the claim of the peititoner and upon examination if found eligible, the petitioner may be afforded family pension, which exercise shall be undertaken within a period of

3 (three) months from the date of receipt of a certified copy of this order.

If the petitioner has been deprived of the entitled family pension, the petitioner would be entitled to interest in terms of Rule 197-A of the Assam Services (Pension) Rules, 1969. The authorities will also examine the same and if entitled, the interest also shall be released. In order to expedite the process, the petitioner will furnish a copy of the writ petition along with annexures as well as a certified copy of this order to the respondents.”

6. Pursuant to the aforesaid direction, by order dated 18.08.2023, the Secretary to the Government of Assam, Department of School Education, passed a speaking order.

7. By the aforenoted speaking order dated 18.08.2023, the Secretary to the Government of Assam, Department of School Education, declined the grant of pension to the petitioner for the reason that late husband of the petitioner, who was servin