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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1981/2026 PITHAKAI BARMAN W/O-LT THANESHWAR BARMAN, R/O-VILL- BAKHARAPARA, P.O. AND P.S - BONGAIGAON, DIST-BONGAIGAON, PIN-783380. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, PENSION AND PUBLIC GRIEVANCES DEPT. DISPUR GUWAHATI-781006 2:THE PRINCIPAL ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI 781029. 3:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX GUWAHATI-781001 4:SHANTI PRIYA CHOUDHURY W/O LT KRISHNA KANTA BARAMAN D/O-CHITTARANJAN CHOUDHURY R/O- VILL-ATHUGAON HOUSE NO -220 P.O. AND P.S -BONGAIGAON ASSAM-783380. Advocate for the Petitioner : MR P K DAS, MS D ANGANA Advocate for the Respondent : GA, ASSAM, MR A ALAM(R4),MR. A A MONDAL(R4),MD B ISLAM(R4),SC, AG (A AND E)
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BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER
22/06/2026 Heard Ms. A Das, learned counsel for the petitioner. Also heard Mr. G Pegu, learned Government Advocate, appearing for the respondent Nos. 1 & 3, Mr. M Sarma, learned counsel, appearing on behalf of Mr. B Sarma, learned Standing counsel, Accountant General (A&E), Assam for the respondent No. 2 and Mr. B Islam, learned counsel, appearing for the respondent No. 4. 2. The petitioner by way of instituting the present writ petition has prayed for a direction upon the respondent authorities for also authorizing to her a proportionate share in the family pension, being received by the respondent No. 4, in pursuance to the death of the son of the petitioner in harness. 3. The petitioner, herein, is the mother of Late Krishna Kanta Barman, who while working as a Lower Primary Teacher at Puroni Bongaigaon Uccha Buniyadi Vidyalaya, had died-in-harness on account of natural causes. In pursuance to the death of the son of the petitioner, the family pension, as required now to be authorized, was so authorized to his wife, Shanti Priya Choudhury, i.e., the respondent No. 4. 4. It is the projection of the petitioner that she was totally dependent on her son and after his death, no provision was made for her necessities by the respondent No. 4, which had led to the institution of the present writ petition. 5. Mr.
Islam, learned counsel for the respondent No. 4, on instructions, has
Page No.# 3/4 submitted that the respondent No. 4, is willing to provide an amount of Rs.10,000/- (Rupees Ten Thousand) every month, to the petitioner for her maintenance. 6. Ms. Das, learned counsel for the petitioner, has also accepted the said proposal made by the learned counsel for the respondent No. 4. However, she submits that the said amount is to be so paid to the petitioner, w.e.f. 01.04.2026, which is also agreed to by Mr. Islam, learned counsel for the respondent No. 4. 7. In view of the above, the respondent No. 4, shall on the family pension being credited to her account, transfer an amount of Rs.10,000/- (Rupees Ten Thousand), within a period of 7 (seven) days thereof, to the following account of the petitioner:-
“Name: Pithakhai Barman Account No: 7120010054551 Bank Name-Assam Gramin Vikash Bank Branch Name- Bongaigaon (7120) IFSC Code: UTBI0RRBAGB”
8. The arrears of the amount required now to be paid to the petitioner by the respondent No. 4, w.e.f. 01.04.2016, shall be paid in 5 (five) monthly installments, starting from July, 2026, of Rs.6,000/- (Rupees Six Thousand) each. 9. In the event, the respondent No. 4 fails to deposit the amount, as agreed to be so paid to the petitioner, for two consecutive months, the petitioner shall
Page No.# 4/4 approach the jurisdictional Treasury Officer, who on receipt of such representation from the petitioner, shall forthwith stop further payment of family pension to the respondent No. 4, till the arrears receivable by the petitioner is cleared. 10. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant