Gauhati High Court
Shainur Begum @ Shainur Bewa vs The State Of Assam And 6 Ors on 21 July, 2022
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GAHC010304002019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/9392/2019
SHAINUR BEGUM @ SHAINUR BEWA
W/O- LT. MUKTAR HUSSAIN, R/O- VILL- LAKHIGANJ (CHAHAPARA), P.O.
LAKHIGANJ, P.S. BILASIPARA, PIN- 783351, DIST.- DHUBRI, ASSAM
VERSUS
THE STATE OF ASSAM AND 6 ORS.
REP. BY THE SECY. TO THE GOVT. OF ASSAM, WATER RESOURCE (E AND
D) DEPTT., ASSAM SECRETARIAT, DISPUR, GHY-6
2:THE SECY. TO THE GOVT. OF ASSAM
PENSION AND PUBLIC GRIEVANCES DEPTT.
DISPUR
GHY-6
3:THE CHIEF ENGINEER
WATER RESOURCE DEPTT.
CHANDMARI
GHY-3
4:THE EXECUTIVE ENGINEER
WATER RESOURCE DIVISION (E AND D) DEPTT.
KOKRAJHAR
ASSAM
5:MUSTT. MUMTAZ BEGUM BEWA
W/O- LT. MUKTAR HUSSAIN
R/O- VILL- KARAITARI
P.O. AND P.S. FAKIRAGRAM
DIST.- KOKRAJHAR
ASSAM
PIN- 783345
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6:MUKTA BEGUM
D/O- LT. MUKTAR HUSSAIN
BEING MINOR REP. BY MOTHER MUSTT. MUMTAZ BEGUM BEWA
R/O- VILL- KARAITARI
P.O. AND P.S. FAKIRAGRAM
DIST.- KOKRAJHAR
ASSAM
PIN- 783345
7:ABDUL MOMIN
S/O- LT. MUKTAR HUSSAIN
BEING MINOR REP. BY MOTHER MUSTT. MUMTAZ BEGUM BEWA
R/O- VILL- KARAITARI
P.O. AND P.S. FAKIRAGRAM
DIST.- KOKRAJHAR
ASSAM
PIN- 78334
Advocate for the Petitioner : MR. D C C PHUKAN
Advocate for the Respondent : SC, WATER RESOURCE
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
21.07.2022
Heard Mr. D.C.C. Phukan, learned counsel for the petitioner. Also
heard Mr. B. Goswami, learned Addl. Advocate General, Assam for the
respondent nos.1 to 4 and Mr. A.M. Ahmed, learned counsel for the
respondent no.5.
The petitioner's case is that she is the first wife of Late Muktar
Hussain, who was a Section Assistant in the office of the Executive
Engineer, Water Resource (E&D) Department, Kokrajhar. Muktar
Hussain died on 28.05.2011. The respondent no.5 is the second wife of
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Late Muktar Hussain.
The petitioner's counsel submits that on the death of her husband,
the family pension is being paid only to the respondent no.5 and not to
the petitioner.
Mr. A.M. Ahmed, learned counsel for the respondent no.5 prays for
time to file affidavit-in-opposition. He is given a week's time to file
affidavit-in-opposition. Accordingly list this matter on 03.08.2022.
In the case of Mustt. Khadija Begum vs. Mustt. Rejina Begum and 5
Others (WA No.244/2017), the Division Bench of this Court had held
that the first and second wife of a person who professes the
Mohamedum faith are entitled to family pension. This judgment was
based on another judgment of the Division Bench of this Court in the
case of Sirazun Nessa vs. State of Assam and Others reported in 2011 (4)
GLT 751.
The petitioner's claim for payment of family pension is on the ground
that the office of the Deputy Commissioner, Kokrajhar has issued next
of kin certificate dated 30.07.2011, showing the petitioner to be the first
wife and the respondent no.5 to be the second wife. Secondly, in the
judgment dated 15.09.2012 passed by the Court of the District Judge,
Kokrajhar in Misc.(S/C) Case No.43/2011, the Court has held that the
petitioner was entitled to Succession Certificate to the share of 15/16 of
the debts and securities left behind by Late Muktar Hussain. Further,
the petitioner was entitled to 1/16 share of the amount of Rs.2,66,557/-
lying in the office of the Executive Engineer, E&D, Kokrajhar Division,
Kokrajhar.
List the matter on 03.08.2022.
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In the meantime, no further pension shall be disbursed to the
respondent no.5 by the respondent nos.1 to 4 till the next date.
JUDGE
Comparing Assistant
