WP(C)/2998/2025 of PRITI CHUTIA @ PRITY CHUTIA Vs THE STATE OF ASSAM AND ORS on 7 September 2026

ORDER

Date : 08-09-2026

Heard Mr. KR Patgiri, learned counsel for the petitioner. Also heard Mr. S Dutta, learned Standing Counsel, P&RD Department appearing for respondent Nos. 1, 4 & 6, Ms. S Baruah, learned State Counsel appearing for respondent Nos. 2 & 5 as well as Ms. RM Barooah, learned Standing Counsel, Finance Department appearing for respondent Nos. 3 & 7. [2] Grievance of the petitioner in this writ petition is for a direction to the respondent authorities to finalize and release the family pension and other benefits in respect of her late husband as per the Assam Services (Pension) Rules, 1969. [3] The petitioner is the wife of late Uma Kanta Chutia, who was initially appointed as Gaon Panchayat Secretary of Jorhat Zilla Parishad in the district of Jorhat to which post he joined on 06.12.1993. The service of the petitioner’s late husband was regularized in the year 2003 by an order dated 30.05.2003, issued by the Joint Secretary to the Government of Assam, Panchayat & R.D. Department. Thereafter, the late husband of the petitioner received his regular scale of pay. The petitioner’s late husband died-in-harness, on 08.03.2011 leaving behind the petitioner and his aged mother and a son. [4] After the death of her husband, the petitioner submitted application seeking family pension, however, the said application was rejected by order dated 03.05.2014, issued by the Joint Director, office of the Commissioner of Panchayat & R.D., Assam. Being aggrieved with the letter, dated 03.05.2014 and non-finalization of the claim, this present writ petition has been filed. [5] It is the case of the petitioner that similar matters have been considered by the Hon’ble Division Bench of this Court in WA No. 133/2023 (The State of Assam vs. Nur Hussain Mollah B.), which was disposed of by judgment and order dated 05.08.2023. The relevant portion of the order reads as under: “VII. Conclusion: A. In view of the aforesaid discussions and reasons, this court cannot but held that the offending portion of the order dated 28.03.2018 issued by the Secretary to the Govt. of Assam, P&RD i.e. “the ex-post-facto creation of posts shall not be treated for the purpose of enabling the person concerned to receive pension and other retiral benefits,” is perverse and not legally sustainable and therefore, liable to be struck down, which is accordingly done. B. In view of the aforesaid decision, discussion and reason, this court dismisses the present writ appeal being devoid of any merit and resultantly uphold the impugned decision dated 05.08.2022 rendered by the learned Single Judge in WP(C) No. 4397/2022. Parties to bear their own costs.” [6] A perusal of the letter, dated 03.05.2014 would indicate that the same was passed prior to the judgment and order dated 05.08.2023 rendered in WA No. 133/2023. [7] Learned counsels for the parties have fairly submitted that in view of the judgment and order, dated 05.08.2023 in WA No. 133/2023, Nur Hussain Mollah B.(supra), the petitioner would be entitled for family pension and other benefits. [8] Considered the submissions of the learned counsels for the parties and have perused the judgment and order of the Division Bench in Nur Hussain Mollah B.(supra). [9] It is noticed that Co-ordinate Bench of this Court in the case of Mrs. Jaya Upadhyaya in WP(C) No. 6056/2023 has disposed of similar matter relying on the aforesaid judgment of the Division Bench which would squarely cover the case of the petitioner. Thus, I am of the considered view that the petitioner is entitled to similar relief. [10] Accordingly, the matter is remanded to the Commissioner, Panchayat and Rural Development, Assam, to reconsider and verify the claim of the petitioner in terms of the judgment and order, dated 05.08.2023, passed by the Hon’ble Division Bench of this Court in Nur Hussain Mollah B.(supra), taking into consideration Rule 140 of the Rules of 1969.

[11] The exercise as directed hereinabove be taken and completed within a period of two months from the date of receipt of a copy of this order. [12] The petitioner is also permitted to furnish a certified copy of the judgment and order dated 05-08-2023, passed by the Hon’ble Division Bench in Nur Hussain Mollah B.(supra) to the Commissioner, Panchayat and Rural Development, Assam. [13] Writ petition stands disposed of, in terms above. JUDGE Comparing Assistant