Jipsinara Bewa vs The State Of Assam And 7 Ors
2023 Latest Caselaw 67 Gua

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GAHC010056602021




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

                          Case No. : WP(C)/2156/2021

         JIPSINARA BEWA
         W/O- LT. ALTAF HUSSAIN, R/O- VILL- DARUBA (URARBHUI), P.O.
         KALAPANI, DIST.- SOUTH SALMARA MANKACHAR, ASSAM

         VERSUS

         THE STATE OF ASSAM AND 7 ORS
         REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, IRRIGATION
         DEPTT., DISPUR, GHY-06

         2:THE COMM. AND SECY.
          GOVT. OF ASSAM
          PENSION AND PUBLIC GRIEVANCES DEPTT.
          DISPUR
          GHY-06

         3:THE ACCOUNTANT GENERAL (A AND E)
         ASSAM
          MAIDAMGAON
          BELTOLA GHY-29

         4:THE CHIEF ENGINEER
          IRRIGATION DEPTT.
         ASSAM
          CHANDMARI GHY-03

         5:THE EXECUTIVE ENGINEER
          IRRIGATION
          GOALPARA SUB-DIVISION
          GOALPARA
         ASSAM PIN- 783101

         6:THE ASSTT. EXECUTIVE ENGINEER
          IRRIGATION
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          HATSINGIMARI SUB-DIVISION
          HATSINGIMARI
          DIST.- SOUTH SALMARA MANKACHAR
          ASSAM PIN- 783135

          7:THE TREASURY OFFICER
           SOUTH SALMARA MANKACHAR TREASURY
           HATSINGIMARI
           P.O. HATSINGIMARI
           DIST.- SOUTH SALMARA MANKACHAR
          ASSAM PIN- 783135

            8:MALIDA KHATUN
             W/O- LT. ALTAF HUSSAIN
             R/O- VILL- JHAGRACHAR
             P.O. KAKRIPARA
             DIST.- SOUTH SALMARA MANKACHAR
            ASSAM
             PIN- 78313
Advocate for the Petitioner : MR. M KHAN
Advocate for the Respondent : SC, IRRIGATION

                               BEFORE
          HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                  O R D E R

04.01.2023

Heard Mr. M Khan, learned counsel for the petitioner, Ms. DS Neog, learned counsel for the respondents No. 1, 4, 5 and 6 being the authorities in the Irrigation Department of the Government of Assam, Mr. SS Roy, learned Junior Government Advocate for the respondent No. 2 being the authority in the Pension and Public Grievance Department, Mr. RK Talukdar, learned counsel for the respondent No. 3 being the Accountant General (A&E), Assam, Mr. A Chaliha, learned counsel for the respondent No. 7 being the Finance Department and Mr. R Islam, learned counsel for the respondent No. 8. Malida Khatun.

2. The petitioner Jipsinara Bewa is admittedly the second wife of the Page No.# 3/3

deceased employee Altaf Hussain, whereas the respondent No. 8 Malida Khatun is the first wife. The pensionery benefits of the deceased employee are being paid to the respondent No. 8 and the petitioner institutes this writ petition claiming that she being also a legitimate wife of the deceased employee, inasmuch as, the parties are governed by the Mohammedan Law, is entitled to be paid a part of the pensionery benefits.

3. The issue had already been decided by the Full Bench of this Court in its judgment dated 22.12.2022 in Writ Appeal No. 160/2018, wherein it had been held that a legitimate second wife governed by Mohammedan Law of a deceased employee would be entitled to the pensionery benefits being a wife recognized under the law. But the pension under Note-I under Rule 143 of the Assam Services (Pension) Rules, 1964 would be paid by the departmental authorities to the first wife and it is for the two wives to share the pensionery benefits amongst themselves. It has also been held by the Full Bench that the pension payable to the first wife is being held by the first wife as a trustee on behalf of all the others who are entitled to the benefit of the pension, meaning thereby that if the first wife does not adequately share the pensionery benefits with the other entitled persons, it may also amount to breach of trust.

4. Accordingly, this writ petition stands disposed of in terms of the judgment dated 22.12.2022 in Writ Appeal No. 160/2018 and the parties may act accordingly.

JUDGE

Comparing Assistant