Page No.# 1/4 GAHC010094612023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2441/2023 TARIFAN NESSA W/O- LATE KAZI ABDUR RAHMAN , MOTHER OF LATE KAZI MOINUL HOQUE, R/O- VILLAGE PALHAZI, P.O- PALHAZI, DIST- BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS. REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (HIGHER) DEPTT., DISPUR, GUWAHATI- 781006. 2:THE ACCOUNTANT GENERAL ASSAM MAIDAMGAON BELTOLA GUWAHATI-29 3:THE SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI- 781006. 4:THE DIRECTOR HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019. 5:THE DIRECTOR OF PENSION GOVT. OF ASSAM HOUSEFED Page No.# 2/4 GUWAHATI-06 (STRUCK OFF VIDE ORDER DATED 18.12.2024) 6:THE TREASURY OFFICER BARPETA P.O AND DIST- BARPETA ASSAM 7:JOYNAB AHMED ASSISTANT TEACHER OF 528 NO. PALHAZI L.P. SCHOOL PALHAZI PO.- PALHAZI DIST.- BARPETA ASSAM PIN- 781309 8:THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF ELEMENTARY EDUCATION ASSAM DISPUR GUWAHATI PIN 781006 9:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI PIN 78101 Advocate for the Petitioner : MR. S ISLAM, MR. T J MAHANTA,MR A HAWARI Advocate for the Respondent : SC, HIGHER EDU, MR S M T CHISTIE,SC, ELEM. EDU,GA, ASSAM,SC, FINANCE,SC, AG BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 04.02.2025 Heard Mr. S. Islam, learned counsel for the petitioner. Also heard Mr. D. Upamanyu, learned standing counsel, Higher Education Department, appearing for respondent Nos.1 and 4 and Mr. B. Chakraborty, learned standing counsel, AG, appearing for the respondent Page No.# 3/4 No.2. None appears for the respondent Nos.3 and 6 of Finance Department. 2. In this petition under Article 226 of the Constitution of India, the petitioner, namely, Tarifan Nessa, aged 77 years, has prayed for issuing direction to the respondent authorities to disburse her share of monthly pension as well as arrear pension,w.e.f. December 2018, till date, and other service benefits of deceased employee Late Kazi Moinul Hoque in favour of the petitioner. 3. Mr. Islam, learned counsel for the petitioner submits that the son of the petitioner Late Kazi Moinul Hoque was serving as an Associate Professor of Barpeta Girls' College and the petitioner was fully dependent upon him and after his demise, the respondent No.7, the daughter-in-law of the petitioner left her matrimonial home and started living separately from the petitioner and the respondent No.7 is the Headmistress of Palhazi Gobrapara L.P. School and besides receiving handsome salary she has also been receiving the compassionate family pension as per Government Notification, dated 14.09.2017. But, the respondent No.7 in spite of receiving the compassionate family pension from the Government has not been paying a single penny to the petitioner for her maintenance. The petitioner has also approached the respondent authorities for taking necessary step to release her share of pension and other benefits separately as per Clause 5.10 of the Government Notification dated 14.09.2017, but no response has been received till date. Being aggrieved, the petitioner is before this Court and as such, Mr. Islam contended to allow this petition by directing the respondent authorities to disburse her share of the compassionate family pension, being received by the respondent No.7 from the Government, pursuant to the Notification, dated 14.09.2017. 4. Per contra, Mr. Upamanyu, learned standing counsel for the Higher Education Department for the respondent Nos.1 and 4, producing an order of a coordinate bench of this Court in WP(C) No.6409/2023, dated 06.11.2023, submits that in the aforementioned writ petition, a direction was issued to the petitioner to file a fresh representation before the respondent authorities by annexing copy of the writ petition along with the annexures appended thereto within a period of 10 days and further directed the respondent Page No.# 4/4 authorities to give a personal hearing to the petitioner as well as the respondent No.7, wife of the petitioner's deceased son and thereafter, disposed of the petition within a period of one month in accordance with law and the present writ petition can also be disposed of by issuing similar direction. 5. Mr. Islam, learned counsel for the petitioner submits that he has no objection in the event of disposal of this petition by issuing similar direction. 6. Having heard the submission of learned Advocates of both the parties, I have carefully gone through the petition and the documents placed on record and also perused the order dated 06.11.2023 passed by a coordinate bench of this Court in WP(C) No.6409/2023. 7. Taking note of the direction issued in the aforementioned petition and also considering the facts and circumstances of the present petition and as agreed upon by learned Advocates of both sides, this Court is inclined to dispose of this petition by directing the petitioner to file one representation before the respondent No.4, enclosing the copy of the present writ petition and the documents enclosed therewith, within a period of 15 days from today. Further, it is provided that on receipt of the representation of the petitioner, the respondent No.4 shall afford an opportunity of being heard to the petitioner and also to the respondent No.7, the wife of the deceased son of the petitioner and thereafter, dispose of the representation within a period of 4(four) weeks in accordance with law. 8. It is further provided that till disposal of the representation of the petitioner, disbursement of pensionary benefit to the respondent No.7 shall be stayed. Comparing Assistant Sd/- Robin Phukan JUDGE