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2026 Supreme(Online)(Gau) 4286
GAHC010050482024 undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1418/2024
NIZARA THAKUR WIFE OF LATE SIBA PRASAD THAKUR, RESIDENT OF ARUNDHATI APARTMENT, JAYANTA NAGAR, GANESH MANDIR PATH, NEW GUWAHATI TINIALI, NOONMATI, GUWAHATI- 781020, DISTRICT- KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HIGHER EDUCATION, DISPUR, GUWAHATI-062:THE ADDITIONAL SECRETARY TO THE GOVERNMENT OF ASSAM HIGHER EDUCATION DEPARTMENT DISPUR GUWAHATI-063:THE DIRECTOR OF HIGHER EDUCATION KAHILIPARA GUWAHATI-194:THE PRINCIPAL DEBRAJ ROY COLLEGE GOLAGHAT PIN- 785621 ASSAM5:THE ACCOUNTANT GENERAL GOVERNMENT OF ASSAM MAIDAMGAON BELTOLA GUWAHATI ASSAM PIN- 78102
Advocate for the Petitioner : MRS. P BARMAN (BORKAKOTI), MR. A NARZARI,MS S CHANGKAKOTI
Advocate for the Respondent : SC, HIGHER EDU, MR. P J SAIKIA(R-4),MS D DUTTA(R-4),SC, AG
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
JUDGE
Comparing Assistant
ORDER
18.02.2026
Heard Mrs. P. Barman, learned counsel appearing for the petitioner. Also heard Mr. D. Upamanyu, learned Standing Counsel, Higher Education Department and Mr. P.J. Saikia, learned counsel appearing for the respondent No.4. Mr. R.K. Talukdar, learned Standing Counsel, Accountant General, appears for the respondent No.5.
2. Mrs. P. Barman, learned counsel appearing for the petitioner submits that despite the deceased Government employee’s wife, i.e., the petitioner having returned the contributory provident fund in terms of the Amendment Act 2012 of the Assam College Employees (Provincialisation) Act, 2005, the family pension has not been released to her.
3. Mr. D. Upamanyu, learned Standing Counsel, Higher Education Department seeks a short accommodation to place the legal submissions arising in the matter.
4. Let the matter be fixed on 12.03.2026.
5. Mr. P.J. Saikia, learned counsel appearing for the respondent No.4 has furnished a letter received from the Principal, Debraj Roy College (Autonomous), Golaghat, Assam, informing that the names submitted by the writ petitioner being similarly situated, having already been granted the family pension, are not borne out from the records.
Barman, learned counsel appearing for the petitioner.
