Page No.# 1/5 GAHC010072512023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1992/2023 MANOMATI KALITA WIFE OF SRI SANATAN KALITA, RESIDENT OF VILLAGE- MAKHIBAHA, P.O.- MAKHIBAHA, P.S.- TIHU, DISTRICT- NALBARI, ASSAM- 781374. VERSUS THE STATE OF ASSAM AND 9 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA MAIN ROAD KAHILIPARA GUWAHATI- 781019. 3:THE DIRECTOR OF PENSION AND PUBLIC GRIEVANCES GOVERNMENT OF ASSAM HOUSEFED COMPLEX CENTRAL BLOCK 6TH FLOOR BELTOLA ROAD GUWAHATI- 781006. Page No.# 2/5 4:THE INSPECTOR OF SCHOOLS KAMRUP DISTRICT CIRCLE (RURAL) ASSAM GUWAHATI- 31. 5:THE PRINCIPAL TULSIBARI BAHUMUKHI HIGHER SECONDARY SCHOOL TULSIBARI RANGIA KAMRUP ASSAM- 781376. 6:SANATAN KALITA S/O- LATE GHANAKANTA KALITA RESIDENT OF VILLAGE- TULSIBARI P.O. AND P.S.- RANGIA KAMRUP ASSAM- 781376. 7:JOYMATI KALITA C/O SRI SANATAN KALITA RESIDENT OF VILLAGE- TULSIBARI P.O. AND P.S.- RANGIA KAMRUP ASSAM- 781376. 8:USHA RANI KALITA D/O SRI SANATAN KALITA RESIDENT OF VILLAGE- TULSIBARI P.O. AND P.S.- RANGIA KAMRUP ASSAM- 781376. 9:HARIDAYEE KALITA D/O SRI SANATAN KALITA RESIDENT OF VILLAGE- TULSIBARI Page No.# 3/5 P.O. AND P.S.- RANGIA KAMRUP ASSAM- 781376. 10:DHANJIT KALITA S/O SRI SANATAN KALITA RESIDENT OF VILLAGE- TULSIBARI P.O. AND P.S.- RANGIA KAMRUP ASSAM- 781376 Advocate for the Petitioner : MR R SENSUA, M. A. OASIS Advocate for the Respondent : SC, SEC. EDU., MR. N BORA (R-7,8,9,10),MR N BRAHMA (R-6 TO 10),MR G BHARADWAJ (R-6 TO 10),MR. S SUTRADHAR (R-6 TO 10),GA, ASSAM BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 01.06.2026 Heard Mr. R. Sensua, learned Counsel for the petitioner, Mr. N. Bora, learned Counsel for respondent no. 7, 8, 9 and 10 and Mr. T. Thakuria, learned Counsel for respondent no. 2 and 4 and Ms. D. D. Barman, learned Government Advocate for respondent no.3. By this application filed under Article 226 of the Constitution of India, the petitioner has prayed for directing the respondent authorities to include the name of the petitioner as nominee in the service book/pension book of respondent no. 6, who retired as a Assistant Teacher from Tulsibari Bahumukhi Higher Secondary School, who had also expired. The petitioner has also prayed for deletion of the name of the respondent no. 7 to 10 as nominee from the Page No.# 4/5 service book/pension book. The case of the petitioner is that she got married to respondent no.6 on 26.08.1974 and since then the petitioner and the respondent no. 6 are residing as husband and wife. Thereafter, the respondent no. 6 joined as a Hindi Teacher at Makhibaha Higher Secondary School and after one year, he joined as an Assistant Teacher at Tulsibari Bahumukhi Higher Secondary School. The petitioner further states that out of the said wedlock, two girl child were born in 1979 and 1989 respectively and that both the daughters are married now. On 30.09.2011, respondent no. 6 retired from his service as an Assistant Teacher from the said school and that he expired on 16.07.2025. Thereafter, it is submitted by the petitioner that the names of respondent no. 7 to 10 were included in the service book/pension book after the demise of the respondent no.6. Respondent no. 7 to 10 are the second wife and children of respondent no.6. The petitioner states that she being the first wife, she is entitled for the pension but her name was not included in the service book as nominee. Aggrieved thereby, she filed the instant writ petition with the prayers mentioned above. However, during the pendency of the instant petition, petitioner and the second wife of respondent no.6 entered into an agreement, which was annexed with the additional affidavit filed by the petitioner. In the said deed of compromise agreement, it was stated that petitioner is the legally married first wife of respondent no.6 and that respondent no.6 during his service period remarried the second party i.e. respondent no.7 and that respondent no.6 had put her name i.e. respondent no.7's name as the nominee in his service book. It is further stated in the said agreement that aggrieved by the said inclusion of respondent no.7 as nominee in the service book, the present writ petition was Page No.# 5/5 filed and during the pendency of this writ petition, the husband expired. The petitioner also states that she and respondent no.7 have amicably settled their disputes with regard to entitlement of family pension of respondent no.6 in the terms that they have agreed to divide the family pension equally amongst them, with the further decision more particularly, that the petitioner would transfer 50 per cent of the said family pension to the respondent no.7. It was further decided that the petitioner would make appropriate application before the banker with regard to the same. However, it is seen that the petitioner's name was not included in the service book/pension book although she was the first wife of respondent no.6. Although there was divorce proceeding going on between the petitioner and respondent no.6 but the same had not reached its finality and as such petitioner is still the first wife of respondent no.6. As such, it is directed that the petitioner would make an appropriate application before the appropriate authorities claiming the pension amount and on receiving the same, the apportionment would be done amongst the petitioner and respondent no.7 as per the agreement mentioned above. With this direction, petition is disposed of. JUDGE Comparing Assistant