Kadbhanu Nessa vs The State Of Assam And 7 Ors
2022 Latest Caselaw 1709 Gua

                                                                 Page No.# 1/3

GAHC010042132020




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

                         Case No. : WP(C)/1381/2020

         KADBHANU NESSA
         (2ND WIFE), S/O LT.ABUL HASEM MONDAL, VILL. ANANDA NAGAR, P.O.
         BILASIPARA, DIST. DHUBRI (ASSAM), PIN-783348



         VERSUS

         THE STATE OF ASSAM AND 7 ORS.
         REP BY THE COMMISSIONER AND SECREATRY TO THE GOVT. OF ASSAM,
         PENSION AND PUBLIC GRIEVANCES DEPTT. DISPUR, GUWAHATI-781006

         2:THE COMMISSIONER AND SECREATRY
         TO THE GOVT OF ASSAM
          FINANCE (ESTT. A) DEPTT. DISPUR
          GUWAHATI-781006

         3:THE DIRECTOR OF PENSION
         ASSAM
          HOUSE FED COMPLEX
          DISPUR
          GUWAHATI-781006

         4:THE DIRECTOR OF ELEMENTARY EDUCATION
         ASSAM
          KAHILIPARA
          GUWAHATI-781019

         5:THE DISTRICT ELEMENTARY EDUCATION OFFICER
          GOALPARA

         6:THE DEPUTY INSPECTOR OF SCHOOLS
          GOALPARA
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            7:THE TREASURY OFFICER
             GOALPARA

            8:RABIA KHATUN (1ST WIFE)
            W/O LT. ABUL HASHEM MONDAL
            VILL. SAGUNMARI PT-III
             P.O. KADOMTOLA
             DIST. DHUBRI
            ASSAM
             PIN-78334

Advocate for the Petitioner   : MR. N AHMED

Advocate for the Respondent : SC, ELEM. EDU




                           BEFORE
      HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                        ORDER

20.05.2022

The petitioner being the second wife claims that the pension paid to the first wife to be apportioned into two halves and two PPOs be issued accordingly.

For the purpose, the petitioner relies upon the order of this Court rendered in WP(C)No.6289/2012 dated 06.06.2013. The consequential order based on the direction in WP(C)No.6289/2012 whereby the PPO was split into two is also relied upon by the petitioner to urge that in the present case also the same nature of order be passed.

We have been told that in another Division Bench judgment of this Court in Sirazun Nessa Vs. State of Assam and Ors. reported in 2011 (4) GLT 751, the said view was taken that the PPOs can be split into two halves between the two wives and accordingly on the basis of the said Division Bench judgment, WP(C)No.6289/2012 was decided. But, in the meantime, by the order dated Page No.# 3/3

21.12.2021 in WA No.160/2018, a later Division Bench differed with the view taken by the earlier Division Bench in Sirazun Nessa (supra) and accordingly the matter was opined to be decided by a Full Bench.

It is stated that the Full Bench is yet to decide upon the matter. In the circumstance, we defer the hearing of this writ petition.

The petitioner, however, may approach the Registry to enquire as to when the Full Bench will take up the matter.

List after four weeks.

JUDGE

Comparing Assistant