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GAHC030001452025

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/26/2025

Smt. Lalhnemi

W/o Rokama (L)

R/o Rulchawm, Mizoram.

VERSUS

The State of Mizoram r/b the Chief Secy., Govt. of Mizoram and 6 Ors.

Aizawl. 2:The Secretary

Finance Dept.

Govt. of Mizoram

Aizawl.

3:The Chief Controller of Accounts

Accounts and Treasuries Dept.

Govt. of Mizoram.

Aizawl.

4:The Director

Accounts and Treasuries Dept.

Govt. of Mizoram

Aizawl.

5:The Deputy Commissioner

Aizawl District

Aizawl.

6:The Treasury Officer

Aizawl South

Aizawl.

7:Smt. Lalrinzuali

M/o Malsawmzuala

R/o Keifang

Mizoram

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Advocate for the Petitioner : Mr C Lalramzauva Sr. Adv.

Advocate for the Respondent : Addl. AG/GA, Mizoram for R1-6

BEFORE

HON’BLE MR. JUSTICE NELSON SAILO

O R D E R

21.05.2026

Heard Mr. C. Lalramzauva, learned senior counsel assisted by Mr.

Stephen Lalbuatsaiha, learned counsel for the petitioner and also Ms.

Vanneihsiami, learned Government Advocate for the State respondents.

Learned senior counsel submits that the petitioner is the second legally

wedded wife of late Rokama and she is entitled to family pension to the

extent of 50% as held by the Trial Court in Heirship Certificate Case

No.71/2009, which was upheld by this Court in RSA No.02/2016 vide

judgment and order dated 28.10.2022. Despite the same, since the family

pension has not been paid to the petitioner, she is before this Court.

Upon perusing the relevant materials available on record, it is seen

that since the decision of the Trial Court had already been upheld by this

Court, the petitioner has to be issued a Heirship Certificate in terms of the

judgment and order dated 05.08.2014 passed by the Court of learned Civil

Judge, Aizawl District in Heirship Case No.71/2009. The petitioner

however will have to share the family pension in equal share with the

minor Malsawmzuala, who is her step son born out of the marriage

between late Rokama and Smti Lalnunziri.

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The only impediment, which appears at this stage, is non-issuance of

the Heirship Certificate to the petitioner.

Mr. C. Lalramzuava, learned senior counsel submits that the matter

may be kept pending and in the meantime, the petitioner will apply for

Heirship Certificate from the Court concerned.

In view of above, list the matter after two weeks.

JUDGE

Comparing Assistant