Gauhati High Court
Sangita Sahu vs The State Of Assam And 5 Ors on 13 June, 2022
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GAHC010007662022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/323/2022
SANGITA SAHU
W/O LATE RAMESH SAHU, R/O BORIGAON, WARD NO. 19, JORHAT, P.O.-
JORHAT-1, DIST- JORHAT, PIN-785001
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY ITS THE SECRETARY TO THE GOVERNMENT OF
ASSAM, FISHERIES DEPARTMENT, ASSAM, ASSAM SACHIVALAYA,
DISPUR, GUWAHATI-6, PIN-781006
2:THE DIRECTOR OF FISHERIES
ASSAM
5Q92 PLUS 22Q BISHNU RAVA NAGAR
ULUBARI
GUWAHATI-16
PIN-781016
3:THE EXECUTIVE ENGINEER
DEPARTMENT OF FISHERIES
ASSAM
BIRUBARI
GOPINATH NAGAR
GUWAHATI-16
PIN-781016
4:THE DISTRICT FISHERIES DEV. OFFICER
JORHAT
JEC ROAD
PUJA DUBI
PIN-785001
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5:THE ACCOUNTANT GENERAL
ASSAM
4R 82 PLUS GVG
MAIDAMGAON
KRISHNAGAR
BELTOLA TINIALI
GUWAHATI
ASSAM
PIN-781029
6:MALA SAHU
D/O LATE DULAL CHANDRA SAHU
R/O CHUTIA KARI
BLOCK NO. 7
NORTH LAKHIMPUR
DIST-LAKHIMPU
Advocate for the Petitioner : MR. D K KOTOKY
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
13.06.2022
Heard Mr. DK Kotoky, learned counsel for the petitioner. Also heard Mr. CS
Hazarika, learned Junior Government Advocate for the respondents No.1, 2, 3
and 4 being the authorities under the Fisheries Department, Government of
Assam and Mr. RK Talukdar, learned counsel for the respondent No. 5 being the
Accountant General, Assam, as well as Ms. P Bhattacharjee, learned counsel for
the respondent No.6, Smti Mala Sahu.
2. The petitioner Sangita Sahu by claiming to be the wife of the deceased
Ramesh Sahu who was working as a Mechanic in the Office of the Executive
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Engineer, under the establishment of District Fishery Development Officer,
Jorhat has instituted this writ petition claiming for family pension, and other
pensionery benefits including the DCRG, gratuity, leave encashment, group
insurance, GPF etc., on the death of her husband Ramesh Sahu and further to
cancel/set aside the minutes of the meeting dated 22.09.2021.
3. The deceased Ramesh Sahu who was working as a Mechanic in the said
department died on 22.12.2019. The petitioner claims that although she may be
the second wife of the deceased, but her marriage was solemnized with the
deceased after the deceased had divorced his first wife i.e., the respondent No.6
namely, Mala Sahu.
4. In this respect, the petitioner refers to the order dated 23.02.2006 of the
learned Additional District Judge, Jorhat in Case No. (M) Title Suit No.42/2005
between the deceased and the respondent No.6. In the said order, it was
observed that although notice was served, the respondent therein namely Mala
Sahu had not contested the suit and accordingly the suit proceeded ex-parte.
Accordingly, by accepting the ground of desertion from 07.11.1991, the learned
Court allowed the prayer of the deceased Ramesh Sahu and accordingly a
decree for dissolution of marriage between the deceased and the respondent
No.6 was passed.
5. By referring to the decree of divorce between the deceased and the
respondent No.6, the petitioner further refers to a certificate issued by the
Secretary of Dimaruguri Gaon Panchayat of Lakhimpur district to claim that she
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was married to the deceased Ramesh Sahu on 03.04.2008. Accordingly by
referring to the said certificate of the Secretary of the Gaon Panchayat, the
petitioner claims that at the time of the death of her husband Ramesh Sahu,
she was the only surviving wife, therefore, she is entitled to the benefits of
family pension.
6. The claim of the petitioner for compassionate family pension under the
scheme as provided in the OM dated 14.09.2017 was placed and accordingly,
the claim was considered by a committee comprising of the Executive Engineer
of the Department of Fisheries, Assam as the Chairman. As per the minutes of
the said committee dated 22.09.2021, both the petitioner and the respondent
No.6 were heard. Although a proposal was put forthwith that the pensionery
benefits would be equally shared by the two wives as well as the surviving
children of the deceased Ramesh Sahu, but the writ petitioner Sangita Sahu had
raised an objection that at the time of death of her husband, Ramesh Sahu, she
was the only surviving wife, whereas the respondent No.6 was divorced in the
year 2005 and accordingly not entitled to a portion of the family pension.
7. Upon such objection being raised, in the minutes of 22.09.2021, the
Committee has decided not to take any final decision and urged upon the writ
petitioner to approach the committee with a judgment of the Court which may
indicate that there was a divorce between the deceased and the respondent
No.6. The said resolution of the committee is also assailed in this writ petition.
As the committee has not taken a final decision, but had required the petitioner
to produce a copy of the judgment and order upon which she relies to insist
that there was a divorce between the deceased and the respondent No.6, we
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are of the view that no interference is required in the said minutes of the
committee. Although the petitioner produces a copy of the judgment of divorce
before this Court, we are of the view that ends of justice would be met if a copy
of the same is produced before the aforesaid committee and upon the said
judgment being produced, the committee would take a final decision on the
entitlement of family pension and other pensionery benefits and determine as to
which of the legal heirs of the deceased Ramesh Sahu would be entitled for
family pension.
8. Upon taking a decision, the payment of pension be also brought to its
logical end immediately thereafter. The decision be taken within a period of one
month from the date of receipt of a certified copy of this order. The petitioner
may along with also produce a certified copy of the judgment of divorce
between the deceased and the respondent No.6 and as provided hereinabove,
the committee would take a final decision in the matter.
9. Writ petition stands allowed in the above terms.
JUDGE
Comparing Assistant
