Gauhati High Court
Alpana Lekharu vs The State Of Assam And 3 Ors on 4 February, 2022
Page No.# 1/3
GAHC010035242020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1164/2020
ALPANA LEKHARU
W/O- LATE LALIT CHANDRA LEKHARU, R/O- UPPER HENGRABARI,
KAILASHPUR, P.O- HENGRABARI, P.S- DISPUR, GUWAHATI, ASSAM, PIN-
781036
VERSUS
THE STATE OF ASSAM AND 3 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM,
PENSION AND PUBLIC GRIEVANCES DEPTT, JAANATA BHAWAN, DISPUR,
GUWAHATI- 781006
2:THE ACCOUNTANT GENERAL (A AND E)
ASSAM
MAIDAMGAON
BELTOLA
GUWAHATI- 781021
3:THE COMMISSIONER
ASSAM STATE HOUSING BOARD
GUWAHATI- 781005
ASSAM
4:BIJU LEKHARU
W/O- LATE LALIT CHANDRA LEKHARU
R/O- HENGRABARI
P.O- HENGRABARI
P.S- DISPUR
GUWAHATI
ASSAM
PIN- 78103
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Advocate for the Petitioner : MR P K DAS
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 04-02-2022
Heard Mr. M. Baruah, learned counsel appearing for the writ petitioner. Also heard
Ms. S. Baruah, learned Govt. Advocate, Assam appearing for the respondent No. 1 and
Ms. M. Das, learned counsel appearing for respondent No. 2. Mr. I. Choudhury, learned
standing counsel, Assam State Housing Board is present on behalf of the respondent No.
3 whereas Mr. R. De, learned counsel is present on behalf of respondent No. 4.
The dispute in this case is regarding entitlement to receive retirement benefits of
the deceased husband of the respondent No. 4 who is the second wife. According to the
writ petitioner, who is the first wife of the deceased employee, the respondent No. 4
cannot have any claim to receive retirement benefit since her marriage cannot be
recognized in the eye of law.
It is the admitted position of fact that the marriage between the respondent No. 4
and her deceased husband took place during the subsistence of his first marriage with the
writ petitioner.
Law as regards claim of second wife and children born out of such marriage has
been settled by the Hon'ble Supreme Court in the judgment rendered in the case of
Rameshwari Devi Vs. State of Bihar & Ors. reported in (2000) 2 SCC 431. In case
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of children born out of second marriage, the entitlement of such children has also to be
dealt with in the case of Vidyadhari & Ors. Vs. Sukhrana Bai & Ors. reported in
(2008) 2 SCC 238. In the light of the aforesaid decisions the department would now
have to settle the claims of the contesting parties.
Mr. I. Choudhury submits that 03 weeks time would be required to obtain specific
instruction as to the recourse that can be followed in this case in the light of the aforesaid
decisions of the Supreme Court.
Ms. M. Das, learned counsel appearing for the respondent No. 2 submits that the
AG, Assam has no role to play in the matter. Hence, the name of the respondent No. 2 be
deleted from the array of parties. The said prayer will be considered on the next date.
After hearing the submissions of learned counsel for both sides, this matter stands
deferred for 04 weeks, so as to enable Mr. Choudhury to obtain specific instruction and
place the same before this Court facilitating disposal of the writ petition.
Registry to list the matter after 04 weeks as fixed item.
JUDGE
GS
Comparing Assistant
