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GAHC010003532026

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/357/2026

SMTI NIRU PAMA BORBORAH

W/O- LATE DAMBARU DUTTA, D/O- LATE KULA BORBORAH, R/O- VILL-

AMULAPATTY, P.O. AND P.S. DHAKUAKHANA, DISTRICT- LAKHIMPUR,

ASSAM- 787055.

VERSUS

THE STATE OF ASSAM AND 7 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE

GOVERNMENT OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI,

ASSAM- 781006.

2:THE COMMISSIONER AND SECRETARY

TO THE GOVERNMENT OF ASSAM

PENSION AND PUBLIC GRIEVANCES DEPARTMENT

DISPUR

GUWAHATI

ASSAM-781006.

3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF

ASSAM

PENSION AND PUBLIC GRIEVANCES DEPARTMENT

DISPUR

GUWAHATI

ASSAM-781006.

4:THE ACCOUNTANT GENERAL (A AND E)

ASSAM

BELTALA

GUWAHATI

ASSAM-781029.

5:THE DISTRICT COMMISSIONER

LAKHIMPUR

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P.O.

P.S. AND DIST. LAKHIMPUR

ASSAM-787053.

6:THE CIRCLE OFFICER

SUBANSIRI REVENUE CIRCLE

P.O. AND P.S. GHILAMARA

DIST. NORTH LAKHIMPUR

ASSAM-787053.

7:THE TREASURY OFFICER

NORTH LAKHIMPUR

ASSAM-787001.

8:SMTI RINA DUTTA

R/O- VILL.- MAINAPARA

P.O. AND P.S. GHILAMARA

DIST. LAKHIMPUR

ASSAM-787053

For the Petitioner(s) : Mr. B. D. Konwar, Sr. Advocate

: Ms. B. Soren, Advocate

For the Respondent(s) : Mr. J. Handique, Government Advocate

: Mr. D. Borah, Standing Counsel

: Mr. B. Chakraborty, Standing Counsel

: Mr. P. Nayak, Addl. AG, Assam

: Mr. K. R. Patgiri, Advocate

BEFORE

HONOURABLE MR. JUSTICE DEVASHIS BARUAH

ORDER

Date : 30.01.2026

Issue notice making it returnable on 25.02.2026.

2. Mr. J. Handique, the learned Government Advocate accepts notice

on behalf of the Respondent No.1; Mr. D. Borah, the learned Standing

counsel accepts notice on behalf of the Respondent Nos. 3, 5 and 6; Mr.

B. Chakraborty, the learned Standing counsel accepts notice on behalf of

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the Respondent No.4; Mr. P. Nayak, the learned Additional Advocate

General accepts notice on behalf of the Respondent Nos. 2 and 7, and Mr.

K. R. Patgiri, the learned counsel accepts notice on behalf of the

Respondent No.8.

3. As all the Respondents are duly represented by their respective

learned counsels, extra copies of the writ petition be served upon them

during the course of the day.

4. The case of the Petitioner herein is that the Petitioner is the wife of

Late Dambaru Dutta who expired on 27.01.2025. It is the further case of

the Petitioner that although there is a divorce decree but the said divorce

decree was obtained ex-parte behind the back of the Petitioner and as

such, the Petitioner is entitled to the family pension.

5. This Court also takes note of that the Respondent No.8 has also filed

a writ petition being WP(C) No.4205/2025 claiming that she is entitled to

the family pension on account of the death of her husband Late Dambaru

Dutta whom she married after the divorce.

6. Taking into account the above, the Respondents are directed to

bring on record their stand by filing their affidavits on or before

18.02.2026.

7. Liberty given to the Petitioner to file reply on or before 24.02.2026.

8. List accordingly.

JUDGE

Comparing Assistant

Order downloaded on 14-02-2026 02:15:47 AM