Page No.# 1/7 GAHC010176182022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5830/2022 SMTI SANMATI CHAUHAN AND 4 ORS W/O LATE AYODHYA CHAUHAN, R/O VILL-ITAKHOLA, P.O. AND P.S.- HOJAI, DIST-HOJAI, ASSAM, PIN-782435 2: SARBADINDU CHAUHAN S/O LATE AYODHYA CHAUHAN R/O VILL-ITAKHOLA P.O. AND P.S.-HOJAI DIST-HOJAI ASSAM PIN-782435 3: SMTI SUMITRA CHAUHAN D/O LATE AYODHYA CHAUHAN R/O VILL-ITAKHOLA P.O. AND P.S.-HOJAI DIST-HOJAI ASSAM PIN-782435 4: SMTI SANGITA CHAUHAN D/O LATE AYODHYA CHAUHAN R/O VILL-ITAKHOLA P.O. AND P.S.-HOJAI DIST-HOJAI ASSAM PIN-782435 5: SMTI SUNITA CHAUHAN D/O LATE AYODHYA CHAUHAN R/O VILL-ITAKHOLA P.O. AND P.S.-HOJAI DIST-HOJAI ASSAM Page No.# 2/7 PIN-78243 VERSUS THE STATE OF ASSAM AND 11 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, SOCIAL WELFARE DEPARTMENT, DISPUR, GUWAHATI-781006 2:THE DIRECTOR OF SOCIAL WELFARE ASSAM UZANBAZAR GUWAHATI-781001 3:THE DEPUTY DIRECTOR SOCIAL WELFARE DEPARTMENT AT HAFLONG DIST-DIMA HASAO ASSAM PIN-788819 4:THE COMMISSIONER AND SECRETARY FINANCE DEPARTMENT DISPUR GUWAHATI-781006 5:THE TREASURY OFFICER HAFLONG DIST-DIMA HASAO ASSAM PIN-788819 6:THE PRINCIPAL ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI-781029 7:THE SENIOR ACCOUNTS OFFICER O/O THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI-781029 8:SMTI KESHI CHAUHAN SECOND W/O LT. AYODHYA CHAUHAN R/O VILL-ITAKHOLA P.O. AND P.S.-HOJAI DIST-HOJAI Page No.# 3/7 ASSAM PIN-782435 9:SNEHASISH CHAUHAN S/O LT. AYODHYA CHAUHAN R/O VILL-ITAKHOLA P.O. AND P.S.-HOJAI DIST-HOJAI ASSAM PIN-782435 10:SMTI SUSHMITA CHAUHAN D/O LT. AYODHYA CHAUHAN R/O VILL-ITAKHOLA P.O. AND P.S.-HOJAI DIST-HOJAI ASSAM PIN-782435 11:SMTI SUSHMA CHAUHAN D/O LT. AYODHYA CHAUHAN R/O VILL-ITAKHOLA P.O. AND P.S.-HOJAI DIST-HOJAI ASSAM PIN-782435 12:SMTI. BIJOYA LAKSHMI CHAUHAN D/O LT. AYODHYA CHAUHAN R/O VILL-ITAKHOLA P.O. AND P.S.-HOJAI DIST-HOJAI ASSAM PIN-78243 Advocate for the Petitioner : MR. P MAHANTA, MS. P SAHARIA Advocate for the Respondent : GA, ASSAM, MR F U BARBHUIYA(R-8 TO 12),MS S DAS(R-8 TO 12),J M SULAIMAN (R-8 TO 12),MR H R A CHOUDHURY(R-8 TO 12),SC-NCHAC,SC, FINANCE,SC, AG BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Page No.# 4/7 Date : 05.08.2026 Heard Mr. P. Mahanta, learned counsel for the petitioner. Also heard Mr. R. Boro, learned counsel for the respondents No.6 and 7. 2. By filing this writ petition, the petitioners have challenged the communication dated 12.11.2018 issued by the Senior Accounts Officer, whereby the Treasury Officer, Halflong was directed to arrange payment of DCRG for an amount of Rs.5,10,408/- to the petitioner and other legal heirs in equal share. 3. The petitioner No.1 is the legally married wife of late Ajodhya Chouhan, who was working as Field Investigator in the Office of the District Social Welfare Department, Halflong in the N.C. Hills (now Dima Hasao). The petitioners No.2 to 5 are the children born out of the said wedlock. 4. It is stated that in the year 1989, the late husband of the petitioner No.1 had contracted a second marriage and out of the said wedlock, one son and three daughters were born. 5. The case of the petitioners is that the petitioner No.1, being the legally married wife whose name has been entered in the service book of late Ajodhya Chouhan, is entitled to the pensionary benefits including DCRG of Rs.5,10,408/- along with her four children. 6. The respondent No.8, being not the legally married wife, and the children born out of the said relationship, according to the petitioners, are not entitled to claim any pensionary benefits including DCRG. 7. The respondents, by the impugned order dated 12.11.2018, directed the Treasury Officer, Halflong to arrange payment of DCRG amounting to Page No.# 5/7 Rs.5,10,408/- to the petitioner, her son and respondent No.8, her son and three daughters born out of the said relationship. 8. It is contended that the said order directing payment of DCRG of Rs.5,10,408/- to the children of respondent No.8 by excluding the daughters of the petitioner is illegal as the respondent No. 8 and her children being illegitimate are not entitled to and only the petitioner and her children being legitimate are rightfully entitled. 9. During the pendency of the writ petition, the parties have entered into an agreement by way of a deed of compromise dated 27.01.2025, which is reproduced hereunder:- “DEED OF COMPROMISE This DEED of Compromise is made on 27th day of January, 2025. This Deed of Compromise is made on this 27th day of January, 2025 at Shankardev Nagar, Hojai District. BETWEEN Smti Sanmati Chauhan, 2. Sarbadindu Chauhan. 3. Smti Sumitra Chauhan, 4 Smti Sangita Chauhan. 5. Smti Sunita Chauhan, hereinafter call the First Party. AND 1. Keshi Chauhan, 2. Snehasish Chauhan, 3. Smti Sushmita Chauhan, 4. Sushma Chauhan. 5. Si Bijoy Lakshmi Chauhan, hereinafter call the Second Party. Wherein husband of first party No. 1. Late Ayodhya Chauhan left one son and 3 daughters from the first wife and also left 4 children one son, three daughters from his second wife, ie. Smti Keshi Chauhan. Whereas said Late Ayodhya Chauhan was an employee and working under Director of Social Welfare and Probation as a Field Investigator and last posted in the office of the District Social Welfare Officer, Halflong, N.C. Hill. Whereas said Late Ayodhya Chauhan died on 28/06/2015 while in service and left behind him first party and second party, i.e. first wife, 1 son and 3 Page No.# 6/7 daughters from the first wife, first party and second wife, 1 and 3 daughters from the second wife made as second party. That after his death an amount of Rs. 5,10,408/- (Five Lakhs Ten Thousand Four Hundred and Eight Only) was left being the amount of DCRG which have not been paid till now. That the First Party filed W.P.(C) No. 5830/2022 claiming 5 shares out of 9 shares and this writ petition has been pending. That now, the contesting parties, i.e. the writ petitioners and respondent nos. 8-12 have compromised the subject matter outside the court and settled the dispute as follows.- The First Party, Le the first wife, 1(one) son and 3 (three) daughters from the first wife will get 50% of the DCRG The second wife, her son and 3 (three) daughters will also get 50% of DCRG. That the contesting party will pray before Hon'ble High Court to order that the Accountant General, Assam and the Treasury Officer, Halflong shall divide the amount of DCRG, ie. Rs. 5,10,408/- (Five Lakhs Ten Thousand Four Hundred and Eight Only) on 50:50 basis between the parties and pay the same with interest. That since; the dispute settled outside the court nothing remained to decide and the contesting parties will pray for disposing the writ petition. That this agreement has been signed and executed between the parties on the day of 27th January, 2025 at Shankardev Nagar, Hojai.” 10. Mr. P. Mahanta, learned counsel for the petitioner, as well as Mr. R. Boro, learned counsel for the respondents, have fairly submitted that in view of the settlement arrived at between the parties, the writ petition may be disposed of with a direction to the respondent authorities to make payment in terms of the said settlement. 11. Upon consideration of the matter in its entirety and in view of the settlement arrived at between the parties, this Court is of the considered view that no issue remains to be adjudicated upon, as the parties have settled the Page No.# 7/7 matter amongst themselves for payment of DCRG amounting to Rs.5,10,408/- on 50:50 basis. 12. In view of the above, the writ petition stands disposed of with a direction to the respondent authorities to make payment of the DCRG amounting to Rs.5,10,408/- on 50:50 basis to the parties strictly in terms of the settlement dated 27.01.2025, within a period of 20 days from today. The writ petition stands disposed of. JUDGE Comparing Assistant