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2025 DAILYLAW 11559 (GAU)

SMT. CHAYA DAS v. THE UNION OF INDIA AND 3 ORS.

WP(C)/3095/2022 · 2025-05-25

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/6 GAHC010059292025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1614/2025 PRIYA RANI DAS @ PRIYA DAS DAUGHTER OF LT. RANA CHANDRA DAS, RESIDENT OF VILLAGE- LALPANI, POST OFFICE- LALPANI, POLICE STATION- KATLICHERA, DISTRICT- HAILAKANDI, ASSAM, PIN- 788165. VERSUS THE UNION OF INDIA AND 4 ORS. REPRESENTED BY THE GENERAL MANAGER, NORTH EAST FRONTIER RAILWAY, MALIGAON, GUWAHATI, ASSAM, PIN- 781011. 2:THE DIVISIONAL RAILWAY MANAGER (PERSONAL) NORTH EAST FRONTIER RAILWAY LAMDING ASSAM PIN- 782447. 3:THE ACCOUNTS OFFICER CUM ACCOUNTANT GENERAL NORTH EAST FRONTIER RAILWAY MALIGAON GUWAHATI ASSAM PIN- 781011. 4:THE STAFF AND WELFARE INSPECTOR NORTH EAST FRONTIER RAILWAY BADARPUR SRIBHUMI Page No.# 2/6 ASSAM PIN- 788806. 5:CHAYA DAS WIFE OF - LT. RANA CHANDRA DAS RESIDENT OF BADARPUR TRAFFIC COLONY POST OFFICE- BADARPUR POLICE STATION- BADARPUR DISTRICT- SRIBHUMI PIN- 788806 Advocate for the Petitioner : MR. SURAJIT DAS, MS. H G DAS,MS. B LASKAR,MR. M ISLAM,I HOQUE,MR. J ABBAS Advocate for the Respondent : DY.S.G.I., Linked Case : WP(C)/3095/2022 SMT. CHAYA DAS W/O- LT. RANA CHANDRA DAS BADARPUR TRAFFIC COLONY P.O. BADARPUR DIST.- KARIMGANJ ASSAM. PIN- 788806. VERSUS THE UNION OF INDIA AND 3 ORS. REP. BY THE GENERAL MANAGER NORTH EAST FRONTIER RAILWAY MALIGAON GUWAHATI- 781011 ASSAM. 2:THE DIVISIONAL RAILWAY MANAGER (PERSONNEL) NORTH EAST FRONTIER RAILWAY LUMDING Page No.# 3/6 PIN- 782447 ASSAM. 3:THE STAFF AND WELFARE INSPECTOR NORTH EAST FRONTIER RAILWAY BADARPUR DIST.- KARIMGANJ PIN- 788806 ASSAM. 4:SMT. PRIYA RANI DAS @ PRIYA DAS D/O- LT. RANA CHANDRA DAS W/O- SHRI BATAS DAS PERMANENT ADDRESS- C/O- BROJO RANI DAS VILL. LALPANI P.O. LALPANI DIST.- HAILAKANDI ASSAM PIN- 788165. PRESENT ADDRESS- VILL. TINSUKIA P.O. DOOM DOOMA DIST.- TINSUKIA ASSAM PIN- 786151. ------------ Advocate for : MR. A DEY Advocate for : SC NF RLY appearing for THE UNION OF INDIA AND 3 ORS. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 26.05.2025 Heard Mr. J. Abbas, learned counsel for the petitioner in WP(C)/1614/2025 and Mr. A. Das, learned counsel for the petitioner in WP(C)/3095/2022. Also heard Mr. H. Gupta, learned CGC in WP(C)/1614/2025; Mr. K. Gogoi, learned CGC in WP(C)/3095/2022 and Mr. J. Abbas, learned counsel for the respondent no. 4 in WP(C)/3095/2022. 2. The petitioner in WP(C)/1614/2025 is the daughter of the first wife of Late Page No.# 4/6 Rana Chandra Das was an employee of the N.F. Railways. The petitioner was born out of the marriage of Late Rana Chandra Das is first wife namely Puja Das. Pursuant to the demise of the mother of the writ petitioner Late Puja Das the employee namely Late Rana Chandra Das subsequently married the writ petitioner in WP(C)/3095/2022. Pursuant to the demise of Late Rana Chandra Das, claims has been raised before the railways by the daughter of the first wife namely petitioner in WP(C)/1614/2025 as well as by the second wife namely the petitioner in WP(C)/3095/2022 as well as the daughter of the second wife. After the death of his first wife, Late Puja Das, Late Rana Chandra Das married the petitioner in WP(C)/3095/2022 (his second wife). Following the death of Late Rana Chandra Das, claims were raised before the Railways by the daughter of the first wife (petitioner in WP(C)/1614/2025), the second wife (petitioner in WP(C)/3095/2022), and the daughter of the second wife. 3. These issues were previously considered by the Division Bench of this Court in WP(C)/3006/2019, filed by the petitioner in WP(C)/1614/2025. In the order dated 31.08.2020, based on the submissions made, directed that the DCRG amount of Rs. 5,79,360/- be divided equally into three parts—1/3 each to the petitioner in WP(C)/1614/2025, the petitioner in WP(C)/3095/2022, and the daughter of the petitioner in WP(C)/3095/2022. However, the payment was withheld because the petitioner in WP(C)/3095/2022 was occupying Railway accommodation. The DCRG amount was to be disbursed only upon vacation of this official accommodation by her. It was also recorded that since the second wife (petitioner in WP(C)/3095/2022) was given a compassionate appointment, she was to continue paying 1/3 of her salary to the petitioner in WP(C)/1614/2025 until the her marriage. 4. Subsequently, the petitioner in WP(C)/1614/2025 got married on Page No.# 5/6 17.02.2022, which is also acknowledged by the petitioner in WP(C)/1614/2025 as well as respondent No. 4 in WP(C)/3095/2022 through an affidavit. An averment to this effect is made in paragraph 12 of the said affidavit. 5. In view of the order dated 31.08.2020 passed in WP(C)/3006/2019, the direction to pay 1/3 of the salary to the petitioner in WP(C)/1614/2025, namely Priya Rani Das, shall cease to continue with effect from the date she got married on 17.02.2022. In accordance with the order passed by this Court on 05.08.2022, the said salary has already been stopped. 6. As of now, the only issue remaining in the writ petition is the release of the DCRG amount among the claimants. Mr. Das has submitted before the Court a certificate issued by the Area Manager, NF Railway, Badarpur, confirming that Railway quarter No. T/50(A), Type II, at Traffic Colony, BPB, was vacated by Smt. Chaya Das, wife of Late Rana Chandra Das, on 11.11.2020. 7. It is submitted by the learned counsel for the petitioner, Mr. A. Das, in WP(C)/3095/2022 that, as per the order dated 31.08.2020 passed in WP(C)/3006/2019, the DCRG amount is to be released by the Railways in equal shares of one-third each, once the Railway quarter is vacated by the petitioner in WP(C)/3095/2022. Since, a certificate was issued by the Area Manager, NF Railway, Badarpur dated 23.11.2020 confirming that the Railway quarter was vacated by the petitioner in WP(C)/3095/2022 on 11.11.2020, the Railway authorities are now required to release the DCRG amount in equal shares of one-third each in favor of Smt. Priya Rani Das (petitioner in WP(C)/1614/2025), Smt. Chaya Das (petitioner in WP(C)/3095/2022), and Smt. Riya Das (daughter of Smt. Chaya Das). 8. The Railway authorities are directed to take necessary action and release Page No.# 6/6 the DCRG amount as expeditiously as possible, within 30 days from the date of receipt of the certified copy of this order. Since this issue was the only matter pending before the Court and has now been decided in accordance with the directions above, the writ petition stands disposed of accordingly in terms of the above. 9. A copy of the certificate issued by the Area Manager, NF Railway, dated 23.11.2020, is retained in the case records. 10. Both the writ petitions are accordingly disposed of. JUDGE Comparing Assistant