Gauhati High Court
WP(C)/6990/2024 of SAHIDA BEGUM Vs THE STATE OF ASSAM AND 3 ORS. on 26 August 2026
GAHC010277462024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6990/2024 SAHIDA BEGUM W/O- LATE MUKUT ALI, VILL.- MALIBARI, P.O.- HALDA, P.S.- BAIHATA CHARIALI, DISTRICT- KAMRUP(ASSAM). VERSUS THE STATE OF ASSAM AND 3 ORS.
GAHC010277462024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6990/2024
SAHIDA BEGUM
W/O- LATE MUKUT ALI,
VILL.- MALIBARI,
P.O.- HALDA,
P.S.- BAIHATA CHARIALI,
DISTRICT- KAMRUP(ASSAM).
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REPRESENTED BY COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM,
CO-OPERATION DEPARTMENT,
JANATA BHAWAN, GUWAHATI,
PIN CODE- 781006.
2:THE REGISTRAR OF CO-OPERATIVE SOCIETIES
KHANAPARA
GUWAHATI
PIN CODE- 781022.
3:THE MANAGING DIRECTOR
ASSAM CO-OPERATIVE HOUSING FEDERATION LIMITED COMPLEX
(HOUSEFED)
BELTOLA WIRELESS
BELTOLA
GUWAHATI- 781028.
4:SINU BEGUM
W/O- LATE MUKUT ALI
VILL- KARARA
P.O.- KARARA
P.S.- BAIHATA CHARIALI
DISTRICT- KAMRUP (ASSAM)
PIN- 781381
Advocate for the Petitioner : DR. B N GOGOI, Advocate for the Respondent : SC, CO OP, MR. S ISLAM(R4),A R MONDAL(R4)
BEFORE
HON'BLE MR. JUSTICE KAUSHIK GOSWAMI
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ORDER
27.08.2026 Heard Mr. B.N. Gogoi, learned counsel appearing for the petitioner. Also heard Mr. G. Bordoloi, learned standing counsel appearing for the Cooperation Department and Mr. S. Islam, learned counsel appearing for the respondent No.4.
2. The issue involved in the instant writ petition is grant of family pension to the petitioner, who is the first wife of late Mukut Ali, who expired on 13.06.2022.
3. Today, when the matter is called, the learned counsel appearing for the parties submit that a settlement has been entered between two wives of the deceased husband and accordingly, an additional affidavit has been filed in the matter. Upon perusing the additional affidavit jointly filed by both the petitioner and the respondent No.4, it appears that they have agreed to receive the family pension, arrear pension and other service benefits of their deceased husband equally between them. The relevant paragraphs of the additional affidavit reads as under:- "1. That I am the Respondent No.4 in the above said writ petition. I am well acquainted with the facts and circumstances of the case and competent to sign and swear this additional affidavit.
2. That Sahida Begum has filed WP(C) No.6990/2024 before this Hon'ble Court with a prayer for directing the Respondent authorities to release family pension and other service benefits in favour of her and in the said writ petition, I have been impleaded as Respondent No.4.
3. That we have amicably settled the matter outside the court and sworn a joint affidavit before the Notary Public, Kamrup(M) at Guwahati, stating therein that we are agreed to receive family pension, arrear pension and other service benefits of our deceased husband late Mukut Ali equally between us. Our husband was a Grade-IV Employee (Drafty) under Assam State Cooperative Housing Federation Limited."
4. The joint affidavit enclosed to the additional affidavit reads as under:- "We, (1) Sinu Begum, W/o Late Mukut Ali, aged about 53 years, resident of Village : Karara, PO : Karara, PS : Baihata Chariali, in the District of Kamrup, Assam, (2) Sahida Begum, W/o Late Mukut Ali, aged about 56 years, resident of Village: Malibari, PO: Halda, PS: Baihata Chariali, in the District of Kamrup, Assam do hereby solemnly declare and affirm as under:-
1. That we are the citizen of India by birth and permanent resident of the aforesaid localities.
2. That we are the wives of Late Mukut Ali, who died in harness on 28.06.2022.
3. That Sahida Begum has filed Writ Petition (C) No.6990/2024 before the Hon'ble Gauhati High Court claiming family pension, wherein Sinu Begum has been arrayed as Respondent No.4.
4. That we have amicably settled the matter and agreed to receive the family pension, arrear pension and other service benefits of our deceased husband equally between us.
5. That all the statements made in the above paragraphs from 1 to 4 are true to the best of our knowledge and belief."
5. Mr. Bordoloi, at this stage, submits that a sum of Rs.16,49,716/- as group gratuity, leave encashment and group salary link insurance is available with the HOUSEFED.
6. Considering that both the parties have settled the matter and agreed to share the family pension equally between the two, let the gratuity, leave encashment and salary link insurance be also equally shared between the two wives i.e. the petitioner as well as the respondent No.4.
7. Accordingly, this writ petition is disposed of in terms of the settlement arrived at between the two parties by directing the respondent authorities to deposit the family pension as well as other retiral benefits in equal proportion to the accounts of the petitioner and the respondent No.4, details of which shall be shared by them respectively. Let the entire exercise be completed within a period of one month from today. Comparing Assistant Sd/- Kaushik Goswami JUDGE