Citation : 2026 Latest Caselaw 1905 Gua
Judgement Date : 7 March, 2026
Page No.# 1/4
GAHC010084052023
2026:GAU-AS:3396
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/225/2023
DULU MONI BONIA
(MINOR), D/O LT. DULAL BANIA @ DULAL CHANDRA BANIA, VILL-
RANTHOLI, P.S.-NAGAON, DIST-NAGAON, ASSAM, PIN-782101,
REPRESENTED BY HER MOTHER NAMITA SARKER BANIA, LEGAL
GUARDIAN OF THE PETITIONER
VERSUS
NIRAJ VERMA, IAS AND 8 ORS.
SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT,
DISPUR, GHY-6
2:GYANENDRA PRATAP SINGH
IPS
THE DIRECTOR GENERAL OF POLICE
ASSAM
ULUBARI
GUWAHATI-05
3:APARNA N
IPS
THE SUPERINTENDENT OF POLICE
MORIGAON
DIST-MORIGAON
ASSAM
PIN-7820105
4:DEVASHISH SHARMA
IAS
THE DEPUTY COMMISSIONER
MORIGAON
ASSAM
Page No.# 2/4
P.O. AND P.S. AND DIST-MORIGAON
PIN-782105
5:JAYANT SINGH
THE COMMANDANT
1ST ASSAM POLICE BATTALION
SIBSAGAR
P.S.
P.O. AND DIST-SIBSAGAR
ASSAM
6:PRITHWISH KUMAR CHAKI
THE DIRECTOR OF PENSION
ASSAM
HOUSEFED COMPLEX
DISPUR
GHY-6
7:K.S. GOPINATH NARAYAN
IA AND AS
THE ACCOUNTANT GENERAL OF ASSAM
MAIDAMGAON
BELTOLA
GUWAHATI-29
8:ALOK TAMULI
THE TREASURY OFFICER
MORIGAON TREASURY OFFICE
MORIGAON
ASSAM
9:MANORANJAN GOHIN
TREASURY OFFICER
NAGAON TREASURY
NAGAON
DISTRICT-NAGAON (ASSAM)
Advocate for the Petitioner : MR. M U MONDAL, MR A ALIM SK,MR K ISLAM,MD. I H
KHAN
Advocate for the Respondent : MR. J HANDIQUE,
Page No.# 3/4
BEFORE
HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
07-03-2026
1. Heard Mr. M. U. Mondal, learned counsel for the petitioner and Mr. J. Handique, learned counsel for the respondents/contemnors.
2. Alleging willful and deliberate violation of the order dated 02.08.2022, passed in WP(C) No. 3776/2021, the present contempt petition is filed.
3. By the aforesaid order, a direction was issued that the family pension, after the death of the Government Servant, namely, Dulal Chandra Bania @
Dulal Bania be shared equally between Bhabani Bania, 1st wife and Dulu Moni Bania, minor daughter from the second wife of said Dulal Bania.
4. The present contempt petition is filed by the second wife of late Dulal Bania, being a guardian of said minor daughter.
5. Mr. Handique, learned counsel for the respondents/ contemnors has produced a written communication addressed by Senior Accounts Officer of Office of the Principal Accountant General (A&E), Assam, which goes to show that in compliance of this Court's order dated 02.08.2022 (supra), necessary arrangement for family pension in equal share is to be made between the
aforesaid 1st wife and minor daughter till 14.07.2038, i.e., till attaining the age of 21 years after obtaining legal guardianship certificate.
6. It is submitted by the learned counsel for the petitioner that both the 1 st wife and minor daughter of late Dulal Bania are receiving family pension, Page No.# 4/4
however, arrear of pension is yet to receive.
7. From the record, it is seen that the claim of the arrear of pension was neither adjudicated nor decided in the aforesaid writ petition.
8. In view of the aforesaid backdrop, this Court is of the opinion that the order 02.08.2022, passed in WP(C) No. 3776/2021, is complied with.
9. Accordingly, the present contempt petition stands closed.
10. It is needless to say that the petitioner may approach the appropriate forum, if any grievance remains.
11. Copy of the aforesaid communication so furnished by Mr. Handique, learned counsel for the respondents/contemnors be kept on record and the same also be furnished to the learned counsel for the petitioner.
JUDGE
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