Gauhati High Court
Page No.# 1/6 vs The State Of Assam And 8 Ors on 25 June, 2025
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/6
GAHC010114282024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2977/2024
stricking of the name of the petitioner no. 1
as per Hon'ble Court's order dated 10.06.2024
2: SIKHA KOCH
D/O- LT. GOBIN CH. KOCH
R/O- CHORAIBAHI
MORIGAON (ASSAM)
PIN- 782106. REPRESENTED BY MOTHER AND NATURAL GUARDIAN
SRIMOTI RUNJUN BORAH
AGED ABOUT-52. W/O- LT. GOBIN CH. KOCH
3: DIPAMONI KONCH
D/O- LT. GOBIN CH. KOCH
R/O- CHORAIBAHI
MORIGAON (ASSAM)
PIN- 782106REPRESENTED BY MOTHER AND NATURAL GUARDIAN
SRIMOTI RUNJUN BORAH
AGED ABOUT-52.W/O-LT. GOBIN CH. KOCH.
4: JYOTI KOCH
S/O- LT. GOBIN CH. KOCH
R/O- CHORAIBAHI
MORIGAON (ASSAM)
PIN- 78210
VERSUS
THE STATE OF ASSAM AND 8 ORS
REPRESENTED BY ITS COMMISSIONER AND SECRETARY (HOME
DEPARTMENT) GOVT. OF ASSAM) GUWAHATI- 06
2:DIRECTOR GENERAL OF POLICE (ADMINISTRATIVE)
ULUBARI
GUWAHATI-07
Page No.# 2/6
3:COMMISSIONER AND SECRETARY
(FINANCE DEPARTMENT) GUWAHATI-06
4:INSPECTOR GENERAL OF POLICE (ADMINISTRATIVE)
ULUBARI
GUWAHATI-07
5:COMMISSIONER OF POLICE
PANBAZAR
GUWAHATI (M) ASSAM- PIN-01
6:DEPUTY INSPECTOR GENERAL OF POLICE (RESERVE)
GUWAHATI
ASSAM
7:RESERVE INSPECTOR POLICE COMMISSIONERATE
GUWAHATI
ASSAM
PIN-01
8:THE TREASURY OFFICER OF KAMRUP (M)
GUWAHATI
ASSAM
PIN-01
9:SMTI. BUDESWARI KOCH
W/O- LATE GOBIN CH. KOCH
VILLAGE- LILABARI
CHANDMARI
P.S. NORTH LILABARI
DISTRICT- LAKHIMPUR (ASSAM
Advocate for the Petitioner : MR MINTU SAIKIA, MS R DUTTA,MR J FIRDAUS
Advocate for the Respondent : GA, ASSAM, MR. B BORGOHAIN (R-9),MR B SAIKIA (R-9),MR.
S NEOG (R-9),MS. S G BARUAH (R-9)
Page No.# 3/6
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
25.06.2025
Heard Mr. M. Saikia, learned counsel for the petitioner. Also heard Ms.
S.G. Baruah, learned counsel for the respondent No.9, Mr. J.K. Goswami,
learned Addl. Senior Government Advocate for the State respondents.
The petitioner claims to be the second wife of Lt. Gobin Ch. Koch who
was employed under the respondent authority. It is submitted that at the time
of her marriage with her late husband namely Lt. Gobin Ch. Koch, she was not
aware that he was already married to the respondent No.9 and there were
children born out of the wedlock. Subsequently, when she came to know that he
was already married and had three children, she had no option but to desert her
marriage on the grounds that her husband was already married. Pursuant to her
marriage out of the wedlock three children were born, namely, 1. Sikha Koch, 2.
Dipamoni Koch and 3. Jyoti Koch.
Pursuant to the death of her husband, she had approached the
department for release of pensionary benefits when she was informed that the
pension to a certain extent and other retirement benefits have already been
released in the name of the respondent No.9 on the basis of her name being
reflected in the PPO. The petitioner has therefore approached this Court praying
for a direction to the respondents to ensure that the petitioner along her
children be also given a share of the pension, which the petitioner claims that
they are entitled under the law.
Page No.# 4/6
The second wife Smt. Runjun Bora had approached this Court along with
her children, namely Sikha Koch, Dipamoni Koch and Jyoti Koch by filing the
present writ petition. However, by order dated 10.06.2024 the name of the Smt.
Runjun Bora was struck of leaving the names of petitioner Nos.2, 3 and 4 as
they are the children of the deceased employee, namely, Lt. Gobin Ch. Koch.
In the affidavit filed by the respondents, an amount of Rs. 29,43,232/-
was shown to have been released to the respondent No.9 in terms of the
Pension Payment Order as her name was reflected there as a recipient of the
family pension. Subsequently, by order dated 26.05.2025 the respondent No.9
was directed to bring on record the legal heir certificate, if available with her.
Today when the matter is called up, the learned counsel for the
respondent No.9, although did not file the affidavit as directed but has placed
before the Court the Next of Kin Certificate issued by the Office of the Circle
Officer, Lakhimpur, dated 07.07.2022. The copies of the same are furnished to
the learned counsel for the petitioner as well as the counsel for the
Government.
The Next of Kin Certificate placed before the Court reflects the following
names and their relationship with the Government servant Lt. Gobin Ch. Koch
namely 1. Jyoti Konch S/O: Lt. Gobin Ch. Konch, 2. Dipamoni Konch D/O: Lt.
Gobin Ch. Konch and 3. Sikha Konch D/O: Lt. Gobin Ch. Konch. The person at
Serial No.1 of the Next of Kin Certificate is the first wife, who is the respondent
No.9 in the present writ petition, the persons at Serial Nos. 2, 3 and 4 are the
children born out of marriage between the respondent No. 9 namely Smt.
Budheswari Koch and Lt. Gobin Ch. Koch. The persons named at Serial Nos. 5, 6
Page No.# 5/6
and 7 are the children born out of the second marriage between Lt. Gobin Ch.
Koch and Smt. Runjun Bora, whose name was earlier struck of from the array of
the writ petitioner by order dated 10.06.2025.
Since the Next of Kin Certificate contains the names of the children born
out of the second marriage between Lt. Gobin Ch. Koch and Smt. Runjun Bora
who was earlier at petitioner No.1 in the present writ petition, this Court is of
the view, that the matter can be closed with a direction to the respondent
authorities to examine and verify the authenticity of the documents that may be
required to ascertain the identities of the petitioners along with the Next of Kin
Certificate and thereafter determine the share of pension payable to the present
petitioners whose names are reflected at Serial No. 5, 6 and 7 of the Next of Kin
Certificate dated 07.07.2022.
The subsequent amendments brought to the Assam Services (Pension)
Rules, 1969 prescribe that the family pension recipient should divide the amount
equally amongst the other beneficiaries in equal share and upon receipt of such
complaint, if any raised by the beneficiaries to the said pension that the pension
in equal share has not been received from the recipient of the family pension,
the competent authority may issue orders apportioning the family pension
amongst the other eligible family members. The law relating to the claim of
children of the second marriage is no longer res integra pursuant to the
judgment of the Apex Court rendered in Rameshwari Devi v. State of Bihar
reported in (2000) 2 SCC 431 which is followed in Suraiya Sultana -vs- State of
Assam, reported in 2006 Suppl GLT 533 and others and in Mustt Junufa Bibi vs
Mustt Padma Begum @ Padma Bibi & 4 Ors. reported in (2023) 5 GLR 824 .
Page No.# 6/6
Under such circumstances and from the documents enclosed to the writ
petition, it is seen that the petitioner number No.4 who is the son has already
crossed the age of 21 years and therefore, he not be entitled to any family
pension benefits, if his project age before this Court is correct. However, he is
entitled to get the other retiral benefits as permitted under law. The petitioner
Nos. 2 and 3 being the minor daughters are certainly entitled to get the family
pension and other retirement benefits. The authorities will forthwith take up the
matter and call upon the petitioner Nos. 2, 3 and 4 to furnish their necessary
documents, thereafter, process the matter by apportioning the family pension
and other retiral benefits amongst the present petitioner Nos. 2, 3 and 4 as well
as the respondent No.9 and her children. The Next of Kin Certificate dated
07.07.2022 shall be submitted in original or a duly attested copy thereof, before
the respondent authority by respondent No.9.
Let this exercise be completed within 60 days from the date of receipt of
the certified copy of this order.
The petitioner Nos. 2, 3 and 4 are also at liberty to furnish a certified
copy of this order before the authorities concerned more particularly by the
Direct General of Police and thereupon the respondents will take up the matter
in terms of law and apportion the pension as expeditiously as possible.
This writ petition is disposed of in terms of the above.
JUDGE
Comparing Assistant
