WP(C)/2687/2024 of PANCHABATI DEVI Vs GAUHATI UNIVERSITY AND 4 ORS on 15 June 2026

ORDER

Date : 16.06.2026 Heard Mr. S.C. Keyal, learned senior counsel assisted by Ms. R. Hussain, learned counsel for the petitioner. Also heard Mr. P.J. Phukan, learned Standing Counsel, Gauhati University appearing for the respondents.

2. The petitioner has filed this writ petition seeking a direction to the respondent authorities to release the family pension in respect of her late husband, late Atul Chandra Sarma, who died on 30.01.2022.

3. The husband of the petitioner was an employee of Gauhati University. He served in different capacities finally as Assistant Registrar and retired from service on 31.03.1997 on attaining the age of superannuation.

4. After retirement, he was receiving pension till his demise i.e., on 30.01.2022. After his death, the petitioner approached the respondent University seeking grant of family pension in respect of her deceased husband. She also submitted several representations before the authorities.

5. The learned senior counsel for the petitioner submits that it is not in dispute that the petitioner is the wife of late Atul Chandra Sarma, who was an employee of Gauhati University and was receiving pension after retirement till his demise i.e., on 30.01.2022. It is submitted that the petitioner, being the legally wedded wife and legal heir, is entitled to family pension, and therefore denial of the same is arbitrary and illegal.

6. Mr. P.J. Phukan, learned Standing Counsel submits that as per applicable Rules, the claimant for family pension has to establish that he or she is the legal heir of the deceased employee and was dependent on the deceased employee. He submits that nomination in the service records is also relevant aspect. However, he fairly submits that the petitioner’s claim appears to have not been considered and decided, and therefore, appropriate direction may be issued to consider her representation.

7. Upon consideration of the submissions of the learned counsel for the parties and perusal of the materials on record, it appears that the petitioner is the legally wedded wife of late Atul Chandra Sarma, who was an employee of Gauhati University. After his retirement, the deceased husband of the petitioner was receiving pension till his demise, i.e., on 30.01.2022. The petitioner has approached the University several times for grant of family pension, but the authority has not considered her claim.

8. Having considered above and as agreed by learned counsel for the parties, I am of the view that the authorities are required to examine the petitioner’s grievance for grant of family pension in accordance with the applicable Rules as the petitioner who is the legal heir of late Atul Chandra Sarma, would be entitled for family pension on the demise of her husband.

9. Thus, it would be appropriate, in the interest of justice to dispose of the writ petition with a direction to the respondent authorities to consider the grievance of the petitioner.

10. Accordingly, the petitioner is directed to file fresh representation with all the relevant documents within a period of 15 (fifteen) days from today. On receipt of the representation of the petitioner, the respondent authorities particularly, the Registrar, Gauhati University shall consider and dispose of the representation for grant of family pension in accordance with the applicable Rules.

11. The entire exercise as directed above shall be completed within a period of 1 (one) month from the date of receipt of the representation that would be filed by the petitioner. Writ petition stands dispose of accordingly.

JUDGE Comparing Assistant