Nureja Begum vs The State Of Assam And 6 Ors
2022 Latest Caselaw 54 Gua

                                                               Page No.# 1/3

GAHC010223962021




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WP(C)/4/2022

         NUREJA BEGUM
         W/O- LATE AMIR HUSSAIN
         R/O- VILLAGE MUSALMAN GAON
         P.O- CHENGA, DIST- BARPETA, ASSAM,
         PIN- 781305

         VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
         EDUCATION DEPARTMENT (ELEMENTARY), DISPUR, GUWAHATI-06

         2:THE DIRECTOR
          OF ELEMENTARY EDUCATION
         ASSAM
          KAHILIPARA
          GUWAHATI-19

         3:THE DEPUTY INSPECTOR OF SCHOOLS
          BARPETA
          DIST- BARPETA
          PIN-781301

         4:THE DIRECTOR OF PENSION
         ASSAM
          HOUSEFED COMPLEX
          DISPUR
          GUWAHATI-06

         5:THE TREASURY OFFICER
          BARPETA TREASURY
          BARPETA
         ASSAM
         PIN-780301
                                                                    Page No.# 2/3


           6:THE BRANCH MANAGER
            STATE BANK OF INDIA
            BARPETA BRANCH
           P.O- BARPETA
            DIST- BARPETA
           ASSAM
           PIN-781301

           7:JAHERA BEGUM @ JAHEDA BEGUN
            W/O- LATE AMIR HUSSAIN
           R/O- VILLAGE MUSALMAN GAON
           P.O- CHENGA
            DIST- BARPETA
           ASSAM
            PIN-78130

Advocate for the Petitioner : MR. P K DAS
Advocate for the Respondent : SC, ELEM. EDU

                                BEFORE
           HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                     O R D E R

05.01.2022

Heard Mr. PK Deka, learned counsel for the petitioner, Mr. B Kaushik, learned counsel for the respondents No. 1, 2 and 3 being the authorities under the Elementary Education Department of the Government of Assam, Mr. SR Barua, learned counsel for the respondent No. 4 being the authorities in the Pension Department and Mr. B Gogoi, learned counsel for the respondent No. 5 being the Treasury Officer, Barpeta.

2. Issue notice returnable in four weeks.

3. Extra copies of the writ petition be furnished to the respective learned counsel within three days.

4. Steps for service of notice on the respondents No. 6 and 7 be taken by Page No.# 3/3

registered post with A/D cards within three days. Petitioner is also allowed to effect Dasti service on the respondents No. 6 and 7 through the Registry of this Court and thereafter file an affidavit to that effect.

5. The petitioner is the second wife of the deceased Amir Hussain and claims a proportionate family pension, which otherwise would be entitled to the first wife Jahera Begum @ Jaheda Begum. The petitioner relies upon a pronouncement of the Division Bench of this Court in its judgment dated 09.02.2011 in Writ Appeal No. 168/2010, wherein in paragraph 18, it had been provided that the appellant writ petitioner therein being the second wife is entitled to the proportionate family pension, which would be determined by the office of the Accountant General, Assam and for the purpose, the authority may ask both the surviving widow of the deceased to clarify the ratio of their claim in accordance with the principles of Mohammedan Law. The petitioner claims for a similar order.

6. The respondents to respond to the aforesaid claim of the petitioner.

7. List the matter after four weeks.

8. Let a copy of the judgment dated 09.02.2011 in Writ Appeal No. 168/2010 be kept on record.

JUDGE

Comparing Assistant