Page No.# 1/4 GAHC010132162022 2025:GAU-AS:8288 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5035/2022 1: ABDUL MAHIB SEIKH AND ANR S/O- LATE MAHTAZ YESMIN, REPRESENTED BY HIS MATERNAL GRANDMOTHER/ PETITIONER NO. 2. VILL- BILASIPARA WARD NO. 7 PUJURIPAR, P.O. BILASIPARA, P.S.- BILASIPARA, DIST.- DHUBRI, ASSAM. 2: NUR BANU W/O- LATE MONZUL HOQUE VILL- BILASIPARA WARD NO. 7 PUJURIPAR P.O. BILASIPARA P.S.- BILASIPARA DIST.- DHUBRI ASSAM VERSUS 1: THE STATE OF ASSAM AND 6 ORS. THROUGH PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF ELEMENTARY EDUCATION, DISPUR, GUWAHATI-06. 2:THE COMMISSIONER OF FINANCE DEPARTMENT DISPUR GUWAHATI-06. 3:THE ACCOUNTANT GENERAL OF ASSAM MAIDAMGAON BELTOLA GUWAHATI-29. 4:THE SECRETARY TO THE GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT DISPUR GUWAHATI-06. 5:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI PO PS AND DIST.- DHUBRI ASSAM. 7:ABDUL KODDUS SEIKH S/O- LATE MONSUR SEIKH VILL.- MODHUSOULMARI PART-2 P.O.- MODHUSOULMARI P.S.- GAURIPUR DIST.- DHUBRI ASSAM Page No.# 2/4 Advocate for the Petitioner : MR M H AHMED, MS. N SULTANA Advocate for the Respondent : SC, ELEM. EDU, MD A WADUD (R-7),M HOSSAIN (R-7),MR. SURAJIT DAS (r-7),MR. P P DAS (r-7),SC, AG,SC, FINANCE,SC, SEC. EDU. - BEFORE - HON'BLE MR. JUSTICE NELSON SAILO Date : 20-06-2025 Heard Mr. M.H. Ahmed, learned counsel for the petitioners. Also heard Mr. A. Phukan, learned Standing Counsel, Education (Elementary) Department, appearing for the respondent Nos.1, 5 & 6; Ms. R.M. Barua, learned Standing Counsel, Finance Department, appearing for the respondent No.2; Mr. B. Sarma, learned Standing Counsel, Accountant General, Assam, appearing for the respondent No.3 and Mr. M. Hossain, learned counsel, appearing for the respondent No.7. [2] By filing this writ petition, the petitioners have sought for a direction to the respondent authorities to pay compassionate family pension to the petitioner No.1 through the petitioner No.2 for the death of the mother of the petitioner No.1, who is a minor. According to the petitioners, the mother of the petitioner No.1 was appointed as an Assistant Teacher on compassionate ground in Garopara L.P. School on 12.09.2017. However, she died in harness on 17.07.2021 leaving behind her minor son (petitioner No.1) as well as her husband (respondent No.7), apart from other family members. [3] The case projected by the petitioners is that after the death of the mother of the petitioner No.1, the father of the petitioner No.1, i.e. the respondent No.7, got remarried on 12.05.2022 and the petitioner is being Page No.# 3/4 looked after by his maternal grandmother, i.e. the petitioner No.2. Although the petitioner No.2 had approached the respondent authorities for payment of compassionate family pension but as the same has not been considered and paid to the petitioners, they are before this Court by way of the instant writ petition. [4] Mr. A. Phukan, learned Standing Counsel, Education (Elementary) Department submits that in terms of the last Court’s order, he has received instructions from the Director of Elementary Education, Assam, which is to the effect that the Block Elementary Education Officer, Bilasipara had conducted a hearing on 13.02.2025 with regard to the compassionate family pension in the presence of all the stakeholders and no prayer petition for pension was submitted by the petitioners, as claimed by the petitioner No.2. Further, the Block Elementary Education Officer, Bilasipara has stated that compassionate family pension will be processed immediately when all the relevant documents are received from the petitioners. [5] Having regard to the instructions received by Mr. A. Phukan, learned Standing Counsel, Education (Elementary) Department and, at the same time, considering the fact that there is already a laid down procedure for grant of compassionate family pension to persons entitled in terms of the Office Memorandum dated 31.10.2017 and also the Assam Services (Pension) Rules, 1969, the writ petition is disposed of with a direction to the petitioners to approach the respondent No.6, i.e. the District Elementary Education Officer, Dhubri, for payment of compassionate family pension. The said authority, on being approached, shall assist the petitioners for submitting all such relevant papers as may be required and thereafter process the matter for payment of Page No.# 4/4 compassionate family pension in accordance with law as expeditiously as possible. [6] With the above observations and directions, the writ petition stands disposed of. J U D G E Comparing Assistant