WP(C)/31/2023 of RUPA DIHINGIA Vs THE STATE OF ASSAM AND 9 ORS on 21 September 2026

ORDER

Date : 22.09.2026

Heard Mr. S. Barman, learned counsel, appearing for the petitioner. None appears for the respondents.

2. The petitioner in the present writ petition, has prayed for a direction upon the respondent authorities, for issuance of a Next of Kin certificate to her, facilitating her to claim family pension and other pensionary benefits, on account of the services rendered by her deceased father, viz., Late Hema Dihingia.

3. The petitioner in the present writ petition, has projected that, she is the daughter of Hema Dihingia, who while working as a driver on regular basis, in the establishment of the Executive Engineer (PHE), Biswanath Chariali Division, had died in harness on 13.08.2020.

3.1 The petitioner projects that she is unmarried and accordingly, in terms of the provisions of the Rules of Assam Services (Pension) Rules, 1969, she is entitled to a portion of the Family pension and other pensionary benefits, on account of the services rendered by her deceased father, Hema Dihingia. It is further projected that, during his lifetime, the father of the petitioner, had married the respondent no.9, Smti. Niju Dihingia. 3.2 It is further projected that the petitioner had lodged an FIR on 07.08.2020, before the Officer-In-Charge, Gohpur Police Station, wherein, it was alleged that the respondent nos.9 and 10, had assaulted her father and had killed him by strangulation, with the view to misappropriate his money and landed property. The said FIR was registered as Gohpur P.S. Case No.294/2020. It is projected that the police on completion of the investigation, had laid a charge-sheet in connection with Gohpur P.S. Case No.294/2020, against the respondent nos.9 and 10. The said case is presently contended to be pending at the trial stage in Sessions Case No.73/2023, before the Additional District & Sessions Judge,

FTC, Biswanath.

3.3. The petitioner submits that she had approached the respondent authorities, more particularly, the establishment of the respondent no.7, for being issued with a Next of Kin (NoK) certificate, however, on account of the fact that the respondent no.8, i.e., the Village Headman had refused to issue a certificate in favour of the petitioner, identifying her as the legal heirs of Late Hema Dihingia, the said Next of Kin certificate was not issued to her.

3.4. The petitioner further contends that the respondent authorities considering the respondent no.9, to be the surviving wife of Late Hema Dihingia, was processing the matter for grant of family pension and other pensionary benefits to her on account of the services rendered by said Late Hema Dihingia. It is projected that as the respondent no.9, is presently an accused in connection with a case pertaining to the death of Late Hema Dihingia, she would not at this stage be entitled to receive any family pension and other pensionary benefits on account of the services rendered by Late Hema Dihingia.

3.5 In the above circumstances, the petitioner has instituted the present writ petition.

4. I have heard the learned counsel for the parties and also perused the materials available on record.

5. Ms. S. Baruah, learned Government Advocate, has placed on record, the instructions received by her from the Circle Officer, Gohpur Revenue Circle, which reveals that the petitioner on 05.04.2025, has been issued a Next of Kin (NoK) certificate. Accordingly, the primary relief sought for, in the present writ petition by the petitioner, stands redressed.

6. The Next of Kin certificate, now being issued to the petitioner, the petitioner is required to approach the respondent authorities, praying for release to her of the family pension and other pensionary benefits as per her entitlement, under the provisions of the Assam Services (Pension) Rules, 1969.

7. In view of the above developments taking place during the pendency of the present writ petition, this Court directs the petitioner, herein, to approach the respondent authorities, by way of submitting an application, enclosing the Next of Kin certificate, praying for being granted family pension and other pensionary benefits, on account of the services rendered by her deceased father.

8. The respondent authorities in the PHE Department, on receipt of such application from the petitioner, shall verify the contentions raised by the petitioner, therein, and in the event, it is found that the petitioner continues to remained unmarried, the petitioner would be entitled to receive family pension and other pensionary benefits, as per her entitlement.

9. The respondent authorities while considering the claim made by the petitioner, would also consider as to whether the respondent no.9, would be entitled to be authorized family pension and other pensionary benefits at this stage, considering the fact that she is alleged to have been involved in the death of Late Hema Dihingia.

10. Necessary order(s) in this connection, be issued by the respondent authorities, within a period of 02 (two) months, from the date of receipt of the said application from the petitioner, along with a certified copy of this order.

11. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant