ORDER

09-10-2023 Heard Mr. S. Alom, learned counsel for the petitioner. Also heard Ms. M. Bhattacharjee, learned Additional Senior Government Advocate appearing for respondent Nos. 1 and 7; Mr. R. Dhar, learned standing counsel, Sericulture Department, for respondent Nos. 2, 3 and 4; Mr. R. Ahmed, learned standing counsel, Accountant General, for respondent No. 5; Mr. A. Chaliha, learned standing counsel Finance Department, for respondent No. 6 and Mr. M.H. Talukdar, learned counsel for respondent No. 8.

The petitioner is the wife of Asir Uddin Sheikh, who served as Manager in the office of the Assistant Director of Sericulture, Goalpara. He retired from service on 31-03-2012 on attaining the age of superannuation at 60 years and expired on 29-05-2021.

The grievance of the petitioner is that the office of the Accountant General (A&E), Assam, issued the Pension Pay Order in favour of her late husband, Asir Uddin Sheikh showing her name as second wife. The claim of the petitioner in the present writ petition is for payment of proportionate family pension in equal share to the petitioner and the respondent No. 8.

The Division Bench of this Court in the case of Sirazun Nessa vs. State of