Page No.# 1/5 GAHC010083822024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2411/2024 REHAN BASFORE AND ANR S/O LATE DILIP BASFORE, R/O HARIJAN COLONY, RUPNAGAR, P.O.- RUPNAGAR, DIST- KAMRUP (M), PIN-781032. BEING MINOR REPRESENTED BY HIS GRANDMOTHER NAMELY KAYSHALYA BASFORE AGED ABOUT 61 YEARS, W/O LATE BHOLOK BASFORE, R/O ANANDA NAGAR CHRISTIAN BASTI, P.O.-DISPUR, DIST- KAMRUP (M), ASSAM, PIN- 781005 2: ABINASH BASFORE S/O LATE DILIP BASFORE R/O HARIJAN COLONY RUPNAGAR P.O.-RUPNAGAR DIST- KAMRUP (M) PIN-781032. BEING MINOR REPRESENTED BY HIS GRANDMOTHER NAMELY KAYSHALYA BASFORE AGED ABOUT 61 YEARS W/O LATE BHOLOK BASFORE R/O ANANDA NAGAR CHRISTIAN BASTI P.O.-DISPUR DIST- KAMRUP (M) ASSAM PIN-78100 VERSUS THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, HEALTH AND FAMILY WELFARE DEPTT AND 7 ORS DISPUR, GUWAHATI-06 2:THE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI-06 Page No.# 2/5 3:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 4:THE JOINT DIRECTOR OF HEALTH SERVICES (T) SHTO ASSAM NARENGI GHY-71 5:THE PRINCIPAL ACCOUNTANT GENERAL (A AND E) ASSAM BELTOLA GHY-29 6:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GHY-06 7:TREASSURY OFFICER DISPUR TREASURY DISPUR GHY-06 8:SMT. MUSKAN BASFORE W/O AJAY BASFORE C/O PUTLI BASFORE R/O RUPNAGAR NEAR L.P. SCHOOL P.O.-RUPNAGAR DIST-KAMRUP (M) PIN-78103 Advocate for the Petitioner : MD A ALI, Advocate for the Respondent : SC, HEALTH, GA, ASSAM,SC, AG,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER 08.04.2025 Heard Mr. A. Ali, learned counsel appearing for the writ petitioners. Also heard Page No.# 3/5 Mr. D. P. Borah, learned Standing Counsel, Health & Family Welfare Department, Assam appearing for the respondent Nos.1 to 4. Mr. B. Chakraborty, learned Standing Counsel, office of the Accountant General (A & E), Assam is present for the respondent No.5 and Mr. B. Gogoi, learned Addl. Advocate General, Assam is present for the respondent Nos.6 and 7. None has appeared for the respondent No.8 despite service of notice. In fact, the respondent No.8 has declined dasti notice served upon her as per the order of this Court. Since refusal to accept notice amounts to acceptance of the same, the respondent No.8 is deemed to be served in this case. The writ petitioners herein are the minor children of a deceased Government employee viz., Dilip Basfore, who died in harness on 05.07.2022 leaving behind the two writ petitioners and his widow i.e. the respondent No.8. It appears that the respondent No.8 has in the meantime remarried leaving behind the petitioners to the care and custody of their grandmother i.e. Smti. Kayshalya Basfore. The present writ petition has been filed with a prayer to grant compassionate family pension to the petitioners being the minor children of the deceased Government servant on the ground that they do not have any other means of livelihood and/or survival. Taking note of the grievance expressed in the writ petition, Mr. D. P. Borah, learned departmental counsel was asked to obtain instructions. Today when the matter is called up, Mr. Borah submits that the respondent No.8 has informed the departmental authorities orally that she would not have any objection if the compassionate family pension is released in favour of the petitioners. However, since the respondent No.8 has failed to make any written request on that behalf, compassionate family pension has not been released to Page No.# 4/5 the petitioners till date. It is not in dispute that the writ petitioners herein are the minor children of the deceased Government employee and they are entitled to the benefit of compassionate family pension as per the scheme floated by the State of Assam. Under such circumstances merely because their mother i.e. the respondent No.8 has apparently remarried by abandoning her children, that cannot be aground for the authorities to withhold the compassionate family pension due and payable to the petitioners thus depriving them of the benefit of a welfare scheme floated by the Government of Assam so as to tackle situation as the one in hand. In view of the above and as agreed to by learned counsel for both the sides, this writ petition is being disposed of by directing the concerned authorities to verify the claim of the petitioners as well as bonafide interest of the guardian i.e. the grandmother and thereafter, pass appropriate order for release of compassionate family pension in favour of the writ petitioners without insisting on any written NOC from the respondent No.8. In doing so, the competent authority may also pass any other order that may be deemed fit and proper so as to ensure that the interest of the two minor children are effectively protected, not only for the present but also till such time they attain majority. The grandmother of the petitioners, who claims to be their natural guardian and the next friend, shall render all necessary cooperation in that regard. With the above observation, the writ petition stands disposed of. JUDGE Page No.# 5/5 Comparing Assistant