Gauhati High Court
Smt. Pratima Dutta vs The State Of Assam And Ors on 11 August, 2025
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/3
GAHC010103782025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2800/2025
SMT. PRATIMA DUTTA
W/O- LATE HARKANTA DUTTA, VILLAGE- BALIKARIA,
P.O.- BALIKARIA, P.S. - NALBARI, DISTRICT - NALBARI.
VERSUS
THE STATE OF ASSAM AND ORS
NOTICE THROUGH THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT,
DISPUR, ASSAM
2:THE CHIEF ENGINEER
PUBLIC HEALTH ENGINEERING DEPARTMENT
ASSAM
HENGRABARI
GUWAHATI
ASSAM
3:THE EXECUTIVE ENGINEER
PUBLIC HEALTH ENGINEERING DEPARTMENT
DIPHU RURAL WATER SUPPLY DIVISION
DIPHU
KARBI ANGLONG
ASSAM.
4:THE ACCOUNTANT GENERAL
ASSAM
5:SMT. RUPALI BARGLARY
(EMPLOYEE OF PHE DEPARTMENT
DIPHU RURAL WATER SUPPLY DIVISION)
C/O- EXECUTIVE ENGINEER
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PUBLIC HEALTH ENGINEERING DEPARTMENT
DIPHU RURAL WATER SUPPLY DIVISION
DIPHU
KARBI ANGLANG
ASSAM
Advocate for the Petitioner : MR D CHOUDHURY, SHWETA SARMA,MR S DIFUSA
Advocate for the Respondent : SC, AG, MR. ARIF AHMED (R-5),MR H MAZUMDER(R-5),MR P
J DUTTA(R-5),MR B P BORAH(R-5),SC, P H E
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
11.08.2025
Heard Mr. S. Difusa, learned counsel appears for the petitioner. Also heard
Mr. B.P. Bora, learned counsel for the respondent No.5 and Mr. R.K. Talukdar, learned
Standing Counsel, Accountant General for the respondent No.4 and Mr. I. Borthakur,
learned Standing Counsel, PHE Department.
The petitioner claims to be the widow of Lt. Harkanta Dutta, who was
employed as a Pump Operator in the Diphu Water Supply Rural Division of Public
Health Engineering Department and passed away while in service. However, family
pension and other service benefits payable to the petitioner has not been released by
the respondent authorities but the same has been released to the private respondent
No.5, who is according to the petitioner is the third wife of Lt. Harkanta Dutta and is
therefore not entitled for the pensionary benefits.
Let the respondents to complete their instructions and file necessary
affidavits, if so advised in the meantime.
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The PHE Department will appraise the Court on the basis of which the family
pension and other dues have been released to the respondent No.5, as the learned
counsel for the petitioner has referred to the judgment of the Court rendered in
Testamentary Appeal No. 3/2022 passed on 16.08.2024, whereby the succession
certificate issued by the competent Court in favour of the private respondent No.5
stood set aside. If the release of pensionary benefits and other dues in favour of
respondent No.5 is only on the basis of succession certificate dated 23.04.2012 issued
by the Deputy Commissioner, Karbi Anglong, Diphu then till the next date fixed further
payment shall not be allowed, in view of the same having been interfered with and set
aside vide order dated 16.08.2024 passed in Testamentary Appeal No. 3/2022.
Let the matter on 01.09.2025.
JUDGE
Comparing Assistant
