GAHC010252222025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/238/2026 NIVA DIHINGIA S/O LATE SHABI BHUSAN GOGOI, R/O VILL. HATIGARH, P.O. HATIGARH, P.S. DHEMAJI, DIST. DHEMAJI, ASSAM.

VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED HEREIN BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, THE ELEMENTARY EDUCATION DEPARTMENT, JANATA BHAWAN, DISPUR, ASSAM- 781006

2:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI DIST.- KAMRUP (M)

ASSAM PIN- 781009

3:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHEMAJI DIST.- DHEMAJI ASSAM

4:THE DEPUTY INSPECTOR OF SCHOOLS DHEMAJI DIST.- DHEMAJI

5:THE BLOCK ELEMENTARY EDUCATION OFFICER DHEMAJI BLOCK DIST.- DHEMAJI

6:THE DIRECTOR OF PENSION HOUSEFED COMPLEX DISPUR GUWAHATI DIST.- KAMRUP (M)

ASSA Advocate for the Petitioner : MR. D GOGOI, MR S BORTHAKUR Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE NELSON SAILO

ORDER

Date : 21-01-2026 Heard Mr. D Gogoi, learned counsel for the petitioner, who submits that the husband of the petitioner died-in-harness on 21.02.2003 and since then no pension has been provided to the petitioner, who is the wife of the deceased employee. The learned counsel submits that the necessary particulars and documents that were requisitioned from the District Elementary Education Officer, Dhemaji has already been forwarded to the Director of Pension, Government of Assam on 24.09.2025 (Annexure-G).

But, despite the same, pension has not been paid to the petitioner till date. The learned counsel therefore submits that the respondents be directed to grant family pension as entitled to the petitioner within a time frame and pending the same, provisional pension be given to the petitioner.

In view of above, issue notice of motion, returnable by 3 (three) weeks.

Ms. N Phukan, learned Standing Counsel, Elementary Education

6. Notice is therefore complete.

Petitioners to serve requisite extra copies of the writ petition to the learned counsels appearing for the respondents today within 2 (two) days.

List again on 26.02.2026.

On the next returnable date, Mr. B Deuri, learned Government Advocate shall obtain instructions and inform the Court about the process being undertaken by the Director of Pension, pursuant to the Communication dated 24.09.2025 (Annexure-G). It is also made clear that if finalization of the pension payable to the petitioner is going to take time, the respondents will not be precluded from granting provisional pension to the petitioner, as may be entitled to her in law.

JUDGE

Comparing Assistant