WP(C)/3721/2024 of SAHERA BIBI Vs THE STATE OF ASSAM AND 7 ORS on 9 February 2026

Judgment.

Whether the pronouncement : NA is of the operative part of the judgment?

Whether the full judgment : Yes has been pronounced?

BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR JUDGMENT & ORDER (ORAL) Date : 10-02-2026 Heard Mr. S. Alom, learned counsel for the petitioner. Also heard Mr. M.H Talukdar, learned counsel for the respondent No. 8, Ms. D. Borah, learned counsel for the respondent No. 2, 3 & 4, Mr. B. Chakravorty, learned Standing counsel for the Accountant General/respondent No. 5 and Mr. A. Chaliha, learned counsel for the respondent No. 6.

2. The controversy in this writ petition was regarding the payment of the family pension of the petitioner and/or the respondent No.8 where both claimed to be the wives of the deceased Government employee.

3. The husband of the petitioner and the respondent No.8 had superannuated from service on 30.11.2015 and on 06.02.2023, the retired employee had met his demise when he was already drawing the pension.

4. On 11.09.2023, the petitioner submitted a representation before the respondent No. 6 i.e Treasury Officer Bilasipara for being afforded the family pension claimed by the wife of the deceased government employee. Thereafter, it had come to the knowledge of the petitioner that the respondent No.8 had also staked claim to family pension as second wife and therefore, the family pension papers could not be processed further. Since the family pension was neither paid to the petitioner nor the respondent No.8, the petitioner approached this Court.

5. During deliberation in the matter, on 29.01.2026, this Court observed that the learned counsel for the respondent No.8, on instructions, submitted that respondent

No. 8 has no objection if the petitioner was allowed to receive the family pension, subject to the petitioner assuring to part with 50% of the said amount in favour of the respondent No.8. This Court had required the petitioner to file an affidavit to parting with 50% of the family pension, if the same is paid to her.

6. Today, the affidavit filed by the petitioner is found on record. The respondent No.8 had already filed an affidavit stating no objection if the petitioner desired to part with 50% of the family pension in her favour.

7. In view of the above affidavit filed by the petitioner agreeing to part with 50% of the family pension, this Court deems fit to dispose of the writ petition by directing the respondent No.8 to deposit half of the pension payment order which was issued in favour of the deceased Government employee and which is stated to be in her possession, to the concerned Treasury Officer on or before 27.02.2026.

8. On receipt of the aforesaid documents from the respondent No. 8, the respondent No. 6 shall forward both halves of the PPO to the office of the respondent No. 3, who shall cause immediate steps to be taken for correction in the revised nomination on or before 23.03.2026.

9. After effectuating the revision/correction, the respondent no. 3 shall forward it to respondent No.5.

10. On receipt of the request for revised nomination, the respondent No. 5 shall immediately process the same and after making necessary correction forward it to the respondent No.6 i.e. Treasury Officer, Bilasipara Treasury Dhubri, who shall thereafter take necessary steps on or before 21.04.2026 to ensure that the petitioner starts receiving the pensionary benefits before the end of April, 2026 invariably.

11. The petitioner, who has given assurance before this Court by way of an affidavit, shall, on receipt of the pension into her account, immediately part with 50% of the family pension in favour of the respondent No.8 within a period of 10 days from the date of the pension being entered into the account of the petitioner, and shall continue to do so thereafter every month. The computation of the arrear of the pension receivable by the petitioner, to which the respondent No. 8 shall also be entitled to the extent of 50%, shall be done and paid within the month of May, 2026 along with regular family pension payable in the said month.

12. Each of the official respondents assigned roles in this order shall file an affidavit of compliance within 10(ten) days of completion of their role as respectively assigned to them by this order. In case the affidavits of respondent No. 3, 5 & 6 are filed on or before 15.06.2026, no further action would be required. However, if the affidavits are not filed as directed, the Registry would list this case again on 19.06.2026 with an office note.

13. Writ petition is disposed of.

14. No costs. JUDGE Comparing Assistant