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2023 DAILYLAW 1788 (GAU)

REHANA BEGUM MAZUMDER v. THE STATE OF ASSAM AND 7 ORS

WP(C)/200/2023 · 2026-05-31

Soumitra Saikia

Writ Petition (Civil)body2023

Judgment text

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Page No.# 1/5 GAHC010004372023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/200/2023 REHANA BEGUM MAZUMDER WIFE OF LATE SAHAB UDDIN MAZUMDER, DAUGHTER OF LATE KHAIR UDDIN MAZUMDER, PRESENTLY RESIDING AT- SONABARIGHAT PART-I, P.O.- SONABARIGHAT, P.S.- SILCHAR, DISTRICT- CACHAR, ASSAM, PIN- 788013. VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PENSION AND PUBLIC GRIEVANCES DEPARTMENT, DISPUR, GUWAHATI- 781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM DEPTT OF REVENUE AND DISASTER MANAGEMENT DISPUR GUWAHATI- 781006. 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 781006. 4:THE PRINCIPAL ACCOUNTANT GENERAL ( A AND E) ASSAM MAIDAMGAON BELTOLA Page No.# 2/5 GUWAHATI- 781029. 5:THE DEPUTY COMMISSIONER CACHAR SILCHAR ASSAM PIN- 788001. 6:THE SETTLEMENT OFFICER CACHAR AND HAILAKANDI SILCHAR ASSAM PIN- 788001. 7:THE TREASURY OFFICER CACHAR SILCHAR P.O.- SILCHAR PIN- 788001 DISTRICT- CACHAR ASSAM. 8:DAISY MAZUMDER ALIAS RUNU BEGUM 2ND WIFE OF LATE SAHAB UDDIN MAZUMDER DAUGHTER OF LATE MOINUL HAQUE LASKAR VILL.- BHAGADAHAR BERENGA PART-VI P.O.- RANGIRKHARI S.O. P.S.- SILCHAR PIN- 788005 DISTRICT- CACHAR ASSAM Advocate for the Petitioner : MR. S D PURKAYASTHA, MS. S PHUKAN Advocate for the Respondent : GA, ASSAM, MRS R CHETRI(R8),MR. M H RAJBARBHUIYAN(R8),SC, AG,SC, REVENUE,SC, FINANCE Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 01.06 .2026 Heard Mr. S.D. Purkayastha, learned counsel for the petitioner. Also heard Mr. T.C. Chutia, learned Addl. Senior Government Advocate/Senior Counsel for the respondents Nos. 1, 5 and 6; Mr. J. Handique, learned Standing Counsel, Revenue Department for the respondent No.2; Mr. C. Boruah, learned Standing Counsel, Accountant General for the respondent No.4; Mr. M.H. Rajbarbhuiyan, learned counsel for the respondent No.8. 2. This writ petition was referred to mediation and the Mediator has submitted a report dated 25.03.2026. 3. As per the mediation report the parties of the writ petition being the petitioner and the private respondent No.8 have resolved the dispute between them. They have agreed to accept the pension of their late husband namely Lt. Sahab Uddin Mazumdar and apportion it equally between them. Accordingly, the writ petition stands disposed in terms of the settlement arrived at by and between the petitioner and the private respondent. 4. As per the agreement and settlement arrived at before the Mediator, the petitioner has agreed to apportion the pension amount. Ordinarily, the petitioner who claims to be the first wife was required to receive the amount of pension and thereafter, apportion the same. However, in view of the submissions made by the learned counsel for the petitioner and the respondent No.8 that since the Page No.# 4/5 name of the respondent No.8 was reflected as a nominee the family pension has been released to her. If that be so, the respondent No.8 upon receipt of the family pension in favour of Lt. Sahab Uddin Mazumdar will forthwith apportion 50% the same and transmit it to the petitioner in the Bank Account reflected in the mediation report dated 25.03.2026. 5. For the record the mediation report is also extracted below: “Writ Petition(C) No.200/2023 Mediation Case No.43/2026 Rehana Begum Mazumdar Vs State of Assam and Daisy Begum Both the parties, Rehana Begum Mazumdar and Daisy Mazumdar are present today. The Govt. officials were also present on the previous date, i.e. 07-03-2026. The fact of the case is that Rehana Begum Mazumdar and Daisy Mazumdar @Runu Begum, are the wives of Lt. Sahab Uddin Mazumdar. The petitioner, Rehana Begum Mazumdar is the legally wedded wife of Lt. Sahab Uddin Mazumdar. As no issue was born after 11 years of marriage, Lt. Sahab Uddin Mazumdar married Daisy Mazumdar and nominated her in the service book. After the death of Lt. Sahab Uddin Mazumdar, the petitioner filed representation before the concerned authority claiming her entitlement of the family pension. But as no action had been taken by the respondent authorities, the petitioner filed this writ petition being No. WP (C) 200 of 2023. The case was placed before the mediation centre for making an attempt to settle the dispute through mediation. Both parties appeared before the mediation centre and the appointed mediator Reetuja Dutta mediate both the parties to settle the case amicably. Both the parties, Rehana Begum Mazumdar (1s Wife) and Daisy Mazumdar (2nd Wife) of Lt. Sahab Uddin Mazumdar agreed to accept the pension of their husband proportionately as 50- 50 between them. Page No.# 5/5 Thus, the matter is settled. Rehana Begum Mazumdar Adv. Reetuja Dutta SBI, Branch:- Sonai Road, Silchar (Mediator) A/C:- 20083699206, IFSC:- SBIN0013308 Plaintiff Daisy Maumder SBI A/C No:- 20263425729 SBI, Sonai Road Branch, Silchar IFSC No. SBIN0013308 Respondent” 6. This writ petition accordingly, stands closed and disposed of in terms of the settlement arrived at by and between the parties before the Mediator. JUDGE Comparing Assistant