SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Gau) 1425

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Devashis Baruah, J
ASHALATA ADHIKARY – Appellant
Versus
THE STATE OF ASSAM AND 9 ORS – Respondent
WP(C)/883/2025



Advocates:
For the Appellants/Petitioners: HR Ahmed
For the Respondents: JK Goswami, RK Talukdar, A Chaliha, SR Barbhuiyan

Administrative authorities are obligated to issue a Next of Kin Certificate once the dispute regarding legal heirs has been resolved by a competent authority to ensure the timely disbursement of family pension benefits.

Headnote:The petitioner sought the issuance of a Next of Kin Certificate to facilitate the finalization of a family pension following the death of her husband. A dispute had previously arisen regarding the issuance of the certificate due to the husband's second marriage during the subsistence of the first marriage, but this dispute was resolved by an order dated 03.09.2024 passed by the Sub-Divisional Magistrate. The court examined whether there was any justification for the Circle Officer to continue withholding the Next of Kin Certificate after the underlying dispute had been settled. The court reasoned that since the dispute was set at rest, there is no justification for the non-issuance of the certificate including the names of the petitioner, her daughter, and the children from the second marriage. The Court directs the respondent No. 9 to provide the Next of Kin Certificate to the Government Advocate to be placed before the Court on 02.03.2026.

Table of Content
1. background of the claim for family pension and the resolution of the legal heir dispute. (Para 1 , 2 , 3)
2. lack of justification for withholding a certificate after a dispute is settled. (Para 4)
3. judicial direction for the production of the certificate to finalize pensionary benefits. (Para 5 , 6 , 7 , 8)

ORDER

Heard Mr. HR Ahmed, the learned counsel appearing on behalf of the petitioner. I have also heard Mr. JK Goswami, the learned Addl. Senior Govt. Advocate, Assam who appears on behalf of the respondent Nos.1, 3, 4, 7, 8 and 9; Mr. RK Talukdar, the learned counsel who appears on behalf of respondent No.5; Mr. A Chaliha, the learned counsel who appears on behalf of respondent Nos.2 and 6 and Mr. SR Barbhuiyan, the learned counsel, who appears on behalf of respondent No.10.

2. The present writ petition has been filed by the petitioner being aggrieved by the non-issuance of the Next of Kin Certificate by the respondent No.9 and the resultant delay in finalization of the family pension to which the petitioner is entitled to upon the death of the petitioner’s husband on 05.05.2014.

3. The materials on record show that on account of the husband of the petitioner marrying the respondent No.10 during the subsistence of the marriage with the present petitioner, a dispute arose as regards the issuance of the Next of Kin Certificate in favour of the petitioner. However, the said dispute had already been set at rest by the order dated 03.09.2024 passed by the respondent No.8.

4. Under such circumstances, this Court finds no justification on the part of the respondent No.9 not to issue the Next of Kin Certificate including the names of the petitioner, her daughter as well as the children born out of the wedlock of the husband of the petitioner with the respondent No.10.

5. Taking into account the above, this Court directs the respondent No.9 to provide the Next of Kin Certificate to Mr. JK Goswami, the learned Addl. Senior Govt. Advocate, Assam who represents the respondent No.9 in the instant proceedings and the said Next of Kin Certificate be placed before this Court on the next date fixed i.e. 02.03.2026.

6. On the next date so fixed, this Court shall on the basis of the Next of Kin Certificate pass appropriate directions for the finalization of the family pension.

7. A copy of this order be furnished to Mr. JK Goswami, the learned Addl. Senior Government Advocate, Assam for due compliance.

8. List the matter on 02.03.2026.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top