Page No.# 1/4 GAHC010118702024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3101/2024 RUSTANA BEGUM BARBHUIYA D/O- LATE SULEMAN ALI BARBHUIYA, VILL- TUFKHANA PART I, P.O AND P.S- ARUNACHAL, DIST- CACHAR, ASSAM, PIN-788003 VERSUS THE UNION OF INDIA AND 4 ORS REP. BY THE SECRETARY TO THE GOVT. OF INDIA, DEPARTMENT OF EX SERVICEMEN WELFARE, MINISTRY OF DEFENCE, 5- A, SOUTH BLOCK, NEW DELHI-01 2:PRINCIPAL CONTROLLER OF DEFENSE ACCOUNTS (CDA) PENSION ALLAHABAD SADAR BAZAR (CDA) PENSION ALLAHABAD SADAR BAZAR PRAYAGRAJ UTTAR PRADESH POIN-211014 3:THE OFFICER IN CHARGE ASC RECORDS (SOUTH) BANGLORE-07 4:THE DIRECTOR DIRECTORATE OF SAINIK WELFARE ASSAM Page No.# 2/4 SAINIK BHAWAN HOUSE NO. 74 LACHIT NAGAR GUWAHATI-7 5:ZILA SAINIK WELFARE OFFICER SAINIK BHAWAN PARK ROAD SILCHAR CACHAR ASSAM PIN-78800 Advocate for the Petitioner : MR. S B LASKAR, A. H. AHMED,MS D DUTTA,MR. H A LASKAR Advocate for the Respondent : DY.S.G.I., MRS. R DEVI BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 20.02.2025 Heard Mr. S.B. Laskar, learned counsel for the petitioner. Also heard Mrs. R. Devi, learned CGC. 2. By way of this petition under Article 226 of the Constitution of India, the petitioner is assailing the communication dated 18.03.2024, whereby the petitioner was adviced to rectify her Birth Certificate and Aadhaar Card as per the service documents of her deceased father for release and payment of pensionary benefits. 3. The facts of the case is that the petitioner has 2 (two) brothers and 1 (one) sister as siblings. However, both the brothers and sister are married and the petitioner is only the unmarried daughter of her deceased father Lt. Page No.# 3/4 Suleman Ali Barbhuiya. Accordingly, the petitioner sought the benefit of family pension on account of her late father. However, inspite of the documents required been furnished, the family pension has not been processed and therefore, the petitioner filed WP(C) No. 3174/2023. 4. In the aforesaid writ petition, this Court by Order dated 19.12.2023 disposed of the said writ petition with a direction to the Army Authorities to expeditiously process the claim of the family pension of the petitioner and release the same to the petitioner. 5. Paragraph Nos. 7, 8 9 of the aforesaid order is extracted hereunder for ready reference:- “7. In that view of the matter since the matter is already under process and the papers and documents sought for from the petitioner having been submitted before the authorities concerned, this Court is of the considered view that the writ petition can be disposed of with a direction to the Army Authorities to expeditiously process the claim of family pension of the petitioner and release the same to the petitioner. 8. The petitioner in turn will submit the necessary documents as shown in the communication dated 13th October, 2023 (a copy of which is retained in the case record) as expeditiously as possible along with a certified copy of this order. 9. Upon receipt of these documents, the Army Authorities will thereafter process the family pension as claimed by the petitioner and release the same as expeditiously as possible within the outer limit of 120 days from the date of receipt of these documents requested for in the communication dated 13th October, 2023.” Page No.# 4/4 6. It appears that pursuant to the said order, the petitioner submitted the documents as sought for by the Authorities by letter dated 13.10.2023. Thereafter, the Authorities by letter dated 18.03.2024 informed the petitioner that upon scrutiny of service documents, there appears variation as regards the name of the petitioner’s father and mother and accordingly sought rectification of the same. 7. The petitioner instead of rectifying or clarifying the aforesaid variation that has occurred in the service book of the petitioner’s father Lt. Suleman Ali Barbhuiya, directly approached this Court under Article 226 of the Constitution of India assailing the said letter dated 18.03.2024. 8. On the face of it, such a challenge is not maintainable, in view of the fact that the Authorities have merely sought for clarification. 9. Be that as it may, in the interest of justice, this Court deems appropriate to dispose of this matter by directing the petitioner to submit the clarification/rectification as sought for by letter dated 18.03.2024 issued by the Army Authorities and upon such clarification/rectification being provided by the petitioner, the Army Authorities shall consider the claim of family pension of the petitioner and release the same to the petitioner, if so entitled, in accordance with law. 10. The writ petition is accordingly disposed of. JUDGE Comparing Assistant