WP(C)/1584/2026 of HALIMA BEGUM Vs THE STATE OF ASSAM AND OTHRS on 3 May 2026

ORDER

Date : 04.05.2026

Heard Mr. J. Abbas, learned counsel for the petitioner. Also heard Mr. P. Saikia, learned Government Advocate for the State respondents and Ms. S. Chutia, learned Standing Counsel for the Elementary Education Department, Govt. of Assam. [2.] Having regard to the nature of grievance projected by the petitioner, the writ petition is taken up for disposal at this stage. [3.] The petitioner and the respondent No. 6 are the first & second wives of Late Sadullah Mia respectively who died-in-harness on 23.02.2013 while serving as an Assistant Teacher (Hindi) at Joybhum M. E. School under the jurisdiction of District Elementary Education Officer, Goalpara. [4.] The respondent No. 6, initiated two (2) writ petitions i.e. WP(C) No. 6259 of 2022 and WP(C) No. 5613 of 2023, claiming family pension and other pensionary benefits. Both the writ petitions were taken up together and disposed of vide a

Common Order dated 06.12.2023 by relying upon the Notification Dated 09.08.2018 by which Rule 143 of Assam Services (Pension) Rules, 1969 (in short Pension Rules) was amended in view of the Full Court decision rendered in Mustt Junufa Bibi Vs. Mustt Padma Begum @ Padma Bibi & 4 Ors., reported in (2023) 5 GLR 824. Rule 143 of the Pension Rules in short provides that the family pension shall be paid to the eldest eligible member of the family, who shall divide the same equally among other eligible members. The respondent authorities were accordingly to take a decision in the matter and as directed the Secretary to the Government of Assam, Department of School Education vide Order dated 30.12.2024 decided that the instant petitioner being the eldest surviving widow is entitled to the family pension but the family pension received by her would be received as a trustee for all such persons who are eligible to the family pension including the respondent No. 6. In other words, the petitioner would be liable to maintain the respondent No. 6, failing which the respondent No. 6 would be entitled to seek relief in accordance with law. [5.] The learned counsel submits that despite the Order dated 30.12.2024, the respondent authorities have failed to grant any family pension to the petitioner till date and therefore she is before this Court through the instant writ petition. [6.] When the matter was listed on 18.03.2026, Mr. P. Saikia, learned Government Advocate, for the State was asked to obtain instructions in the matter. [7.] Today, he submits that the Director of Pension, Assam has written to the Department of Elementary Education, Assam as well as to the Treasury Officer of Goalpara to take necessary steps in accordance with the Court’s direction dated 06.12.2023 so that the Director of Pension, Assam can take necessary action. [8.] It is therefore noticed from the above developments that the issue has already been decided by this Court as well as by the Department of School

Education, Assam through the Order dated 30.12.2024. As such, the Director of Elementary Education, Assam (respondent No. 2) shall call both the petitioner as well as the respondent No. 6 for execution of a bond by them as to how much of the family pension would be shared between them so that the benefit of family pension can be given to the parties without further delay. The respondent No. 2 shall therefore take necessary steps in accordance with law within a period of two

(2) months from the date of receipt of a certified copy of this Order. [9.] With the above observations and directions, writ petition stands disposed of.

JUDGE Comparing Assistant