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GAHC010146072024

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/3721/2024

SAHERA BIBI

W/O- LATE JOYNAL ABEDIN @ JAYNAL ABEDIN, PERMANENT R/O

VILLAGE- FAKIRANIRJHAR PART-I, P.O. BARKANDA, P.S. BILASIPARA,

DIST.- DHUBRI, ASSAM, PIN- 783348, PRESENTLY, RESIDING AT VILLAGE-

CHALBANDA, P.O. BARKANDA, P.S. BILASIPARA, DIST.- DHUBRI, ASSAM,

PIN- 783348

VERSUS

THE STATE OF ASSAM AND 7 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM, PENSION AND PUBLIC GRIEVANCE DEPARTMENT, DISPUR,

GUWAHATI-6

2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM

HEALTH DEPARTMENT

DISPUR

GUWAHATI-6

3:THE DIRECTOR OF HEALTH SERVICES

ASSAM

HENGRABARI

GUWAHATI-36

4:THE JOINT DIRECTOR OF HEALTH SERVICES

DHUBRI

DIST.- DHUBRI

ASSAM

PIN- 783301

5:THE ACCOUNTANT GENERAL

ASSAM

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MAIDAMGAON

BELTOLA

GUWAHATI-29

6:THE TREASURY OFFICER

BILASIPARA TREASURY

DIST.- DHUBRI

ASSAM

PIN- 783348

7:THE DIRECTOR OF PENSION

ASSAM

HOUSEFED COMPLEX

DISPUR

GUWAHATI- 06

8:SMTI SHIRIJAN BEGUM

W/O- LATE JOYNAL ABEDIN

R/O- VILLAGE FAKIRANIRJHAR PART-I

P.O. BARKANDA

P.S. BILASIPARA

DIST.- DHUBRI

ASSAM

PIN- 78334

Advocate for the petitioner(s): Mr. S Alom

Advocate for the respondent(s): Ms. D Borah, Standing Counsel,

Health Department, Govt. of Assam

Mr. CKS Baruah, Govt. Advocate, Assam

Mr. MH Talukdar for respondent No.8

B E F O R E

HON’BLE MR. JUSTICE DEVASHIS BARUAH

ORDER

29.01.2026

Heard Mr. S Alom, the learned counsel appearing on behalf of the petitioner

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as well as Mr. MH Talukdar, the learned counsel who appears on behalf of the

respondent No.8.

2. It is an admitted case from the records and more particularly, the Next of

Kin Certificate issued by the Circle Officer, Bilasipara enclosed as Annexure-3 to

the writ petition that the petitioner is the first wife and the respondent No.8 is

the second wife of Lt. Joynal Abedin.

3. The claim of the petitioner herein is that she is entitled to family pension by

virtue of Rule 143 of the Assam Services (Pension) Rules, 1969.

4. The learned counsel appearing on behalf of the respondent No.8 also

submits that he has no objection in the petitioner receiving the family pension

subject to the petitioner parting with 50% of the said amount in favour of the

respondent No.8.

5. The learned counsel appearing on behalf of the petitioner also submits that

the petitioner is agreeable to do so. It is the opinion of this Court that such an

aspect be brought on record by way of filing an affidavit by the petitioner that

during the lifetime of the respondent No.8, the petitioner would part with 50%

of the family pension, in the circumstance, the petitioner is paid the family

pension.

6. List this matter again on 10.02.2026 at 2.P.M for final disposal.

7. The affidavit be filed on or before 09.02.2026 by the petitioner.

JUDGE

Comparing Assistant

Order downloaded on 14-02-2026 03:10:07 AM