Page No.# 1/6 GAHC010114282024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2977/2024 stricking of the name of the petitioner no. 1 as per Hon'ble Court's order dated 10.06.2024 2: SIKHA KOCH D/O- LT. GOBIN CH. KOCH R/O- CHORAIBAHI MORIGAON (ASSAM) PIN- 782106. REPRESENTED BY MOTHER AND NATURAL GUARDIAN SRIMOTI RUNJUN BORAH AGED ABOUT-52. W/O- LT. GOBIN CH. KOCH 3: DIPAMONI KONCH D/O- LT. GOBIN CH. KOCH R/O- CHORAIBAHI MORIGAON (ASSAM) PIN- 782106REPRESENTED BY MOTHER AND NATURAL GUARDIAN SRIMOTI RUNJUN BORAH AGED ABOUT-52.W/O-LT. GOBIN CH. KOCH. 4: JYOTI KOCH S/O- LT. GOBIN CH. KOCH R/O- CHORAIBAHI MORIGAON (ASSAM) PIN- 78210 VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY ITS COMMISSIONER AND SECRETARY (HOME DEPARTMENT) GOVT. OF ASSAM) GUWAHATI- 06 2:DIRECTOR GENERAL OF POLICE (ADMINISTRATIVE) ULUBARI GUWAHATI-07 Page No.# 2/6 3:COMMISSIONER AND SECRETARY (FINANCE DEPARTMENT) GUWAHATI-06 4:INSPECTOR GENERAL OF POLICE (ADMINISTRATIVE) ULUBARI GUWAHATI-07 5:COMMISSIONER OF POLICE PANBAZAR GUWAHATI (M) ASSAM- PIN-01 6:DEPUTY INSPECTOR GENERAL OF POLICE (RESERVE) GUWAHATI ASSAM 7:RESERVE INSPECTOR POLICE COMMISSIONERATE GUWAHATI ASSAM PIN-01 8:THE TREASURY OFFICER OF KAMRUP (M) GUWAHATI ASSAM PIN-01 9:SMTI. BUDESWARI KOCH W/O- LATE GOBIN CH. KOCH VILLAGE- LILABARI CHANDMARI P.S. NORTH LILABARI DISTRICT- LAKHIMPUR (ASSAM Advocate for the Petitioner : MR MINTU SAIKIA, MS R DUTTA,MR J FIRDAUS Advocate for the Respondent : GA, ASSAM, MR. B BORGOHAIN (R-9),MR B SAIKIA (R-9),MR. S NEOG (R-9),MS. S G BARUAH (R-9) Page No.# 3/6 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 25.06 .2025 Heard Mr. M. Saikia, learned counsel for the petitioner. Also heard Ms. S.G. Baruah, learned counsel for the respondent No.9, Mr. J.K. Goswami, learned Addl. Senior Government Advocate for the State respondents. The petitioner claims to be the second wife of Lt. Gobin Ch. Koch who was employed under the respondent authority. It is submitted that at the time of her marriage with her late husband namely Lt. Gobin Ch. Koch, she was not aware that he was already married to the respondent No.9 and there were children born out of the wedlock. Subsequently, when she came to know that he was already married and had three children, she had no option but to desert her marriage on the grounds that her husband was already married. Pursuant to her marriage out of the wedlock three children were born, namely, 1. Sikha Koch, 2. Dipamoni Koch and 3. Jyoti Koch. Pursuant to the death of her husband, she had approached the department for release of pensionary benefits when she was informed that the pension to a certain extent and other retirement benefits have already been released in the name of the respondent No.9 on the basis of her name being reflected in the PPO. The petitioner has therefore approached this Court praying for a direction to the respondents to ensure that the petitioner along her children be also given a share of the pension, which the petitioner claims that they are entitled under the law. Page No.# 4/6 The second wife Smt. Runjun Bora had approached this Court along with her children, namely Sikha Koch, Dipamoni Koch and Jyoti Koch by filing the present writ petition. However, by order dated 10.06.2024 the name of the Smt. Runjun Bora was struck of leaving the names of petitioner Nos.2, 3 and 4 as they are the children of the deceased employee, namely, Lt. Gobin Ch. Koch. In the affidavit filed by the respondents, an amount of Rs. 29,43,232/- was shown to have been released to the respondent No.9 in terms of the Pension Payment Order as her name was reflected there as a recipient of the family pension. Subsequently, by order dated 26.05.2025 the respondent No.9 was directed to bring on record the legal heir certificate, if available with her. Today when the matter is called up, the learned counsel for the respondent No.9, although did not file the affidavit as directed but has placed before the Court the Next of Kin Certificate issued by the Office of the Circle Officer, Lakhimpur, dated 07.07.2022. The copies of the same are furnished to the learned counsel for the petitioner as well as the counsel for the Government. The Next of Kin Certificate placed before the Court reflects the following names and their relationship with the Government servant Lt. Gobin Ch. Koch namely 1. Jyoti Konch S/O: Lt. Gobin Ch. Konch, 2. Dipamoni Konch D/O: Lt. Gobin Ch. Konch and 3. Sikha Konch D/O: Lt. Gobin Ch. Konch. The person at Serial No.1 of the Next of Kin Certificate is the first wife, who is the respondent No.9 in the present writ petition, the persons at Serial Nos. 2, 3 and 4 are the children born out of marriage between the respondent No. 9 namely Smt. Budheswari Koch and Lt. Gobin Ch. Koch. The persons named at Serial Nos. 5, 6 Page No.# 5/6 and 7 are the children born out of the second marriage between Lt. Gobin Ch. Koch and Smt. Runjun Bora, whose name was earlier struck of from the array of the writ petitioner by order dated 10.06.2025. Since the Next of Kin Certificate contains the names of the children born out of the second marriage between Lt. Gobin Ch. Koch and Smt. Runjun Bora who was earlier at petitioner No.1 in the present writ petition, this Court is of the view, that the matter can be closed with a direction to the respondent authorities to examine and verify the authenticity of the documents that may be required to ascertain the identities of the petitioners along with the Next of Kin Certificate and thereafter determine the share of pension payable to the present petitioners whose names are reflected at Serial No. 5, 6 and 7 of the Next of Kin Certificate dated 07.07.2022. The subsequent amendments brought to the Assam Services (Pension) Rules, 1969 prescribe that the family pension recipient should divide the amount equally amongst the other beneficiaries in equal share and upon receipt of such complaint, if any raised by the beneficiaries to the said pension that the pension in equal share has not been received from the recipient of the family pension, the competent authority may issue orders apportioning the family pension amongst the other eligible family members. The law relating to the claim of children of the second marriage is no longer res integra pursuant to the judgment of the Apex Court rendered in Rameshwari Devi v. State of Bihar reported in (2000) 2 SCC 431 which is followed in Suraiya Sultana –vs- State of Assam, reported in 2006 Suppl GLT 533 and others and in Mustt Junufa Bibi vs Mustt Padma Begum @ Padma Bibi & 4 Ors. reported in (2023) 5 GLR 824. Page No.# 6/6 Under such circumstances and from the documents enclosed to the writ petition, it is seen that the petitioner number No.4 who is the son has already crossed the age of 21 years and therefore, he not be entitled to any family pension benefits, if his project age before this Court is correct. However, he is entitled to get the other retiral benefits as permitted under law. The petitioner Nos. 2 and 3 being the minor daughters are certainly entitled to get the family pension and other retirement benefits. The authorities will forthwith take up the matter and call upon the petitioner Nos. 2, 3 and 4 to furnish their necessary documents, thereafter, process the matter by apportioning the family pension and other retiral benefits amongst the present petitioner Nos. 2, 3 and 4 as well as the respondent No.9 and her children. The Next of Kin Certificate dated 07.07.2022 shall be submitted in original or a duly attested copy thereof, before the respondent authority by respondent No.9. Let this exercise be completed within 60 days from the date of receipt of the certified copy of this order. The petitioner Nos. 2, 3 and 4 are also at liberty to furnish a certified copy of this order before the authorities concerned more particularly by the Direct General of Police and thereupon the respondents will take up the matter in terms of law and apportion the pension as expeditiously as possible. This writ petition is disposed of in terms of the above. JUDGE Comparing Assistant