Page No.# 1/5 GAHC010165622025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4205/2025 SMTI RINA DUTTA W/O LATE DAMBARU DUTTA, RESIDENT OF VILLAGE MAINAPARA, PO AND PS GHILAMARA, DIST LAKHIMPUR, ASSAM, 787053 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE DEPARTMENT, DISPUR GUWAHATI 06 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT ASSAM SECRETARIAT DISPUR GUWAHATI 06 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT DISPUR GUWAHATI 06 4:THE ACCOUNTANT GENERAL (A AND E) ASSAM BELTOLA GUWAHATI 29 5:THE DISTRICT COMMISSIONER LAKHIMPUR PO AND PS LAKHIMPUR DIST LAKHIMPUR ASSAM 787053 Page No.# 2/5 6:THE CIRCLE OFFICER SUBANSIRI REVENUE CIRCLE PO AND PS GHILAMARA DIST NORTH LAKHIMPUR ASSAM 787053 7:THE TREASURY OFFICER NORTH LAKHIMPUR ASSAM 8:SMTI NIRUPOMA BORBARA D/O KULA BORBORA RESIDENT OF VILLAGE AMULAPATTY PO AND PS AMULAPATTY PO AND PS DHAKUAKHANA DIST LAKHIMPUR ASSAM 78705 Advocate for the Petitioner : MR. K R PATGIRI, NAYANMONI KALITA,MS. S PHUKAN Advocate for the Respondent : GA, ASSAM, MS M ZOMUANPUII(R-8),MR J SINGH(R-8),MS S JAIN(R-8),MRS J M KONWAR(R-8),MR H AGARWAL(R-8),MR. B D KONWAR SR. ADV.(R- 8),SC, FINANCE,SC, AG (A AND E),SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 16.06 .2026 Heard Mr. K. R. Patgiri, learned counsel for the petitioner. Also heard Mr. D. Borah, learned Government Advocate for the respondent No.3, 5; Ms. P. Soren, learned counsel for the respondent No.8; Mr. R.K. Talukdar, learned Standing Counsel, Accountant General; Mr. J. Handique, learned Standing Counsel, Revenue Department. Page No.# 3/5 2] The petitioner is aggrieved by non release of compassionate family pension, which the petitioner claims in view of the services rendered by her late husband namely late Dambaru Dutta. It is submitted that the late husband of the petitioner was employed as a Lot Mandal in Dhakuakhana Revenue Circle and thereafter, promoted to Kanungo at the office of the Circle Officer, Sabansiri Revenue Circle, Ghilamara. The petitioner’s husband however, expired on 27.01.2025 during the course of his service. According to the petitioner her husband died leaving behind the petitioner and a son born out of the marriage. 3] It is also submitted earlier that the late husband of the petitioner was married to one Smt. Nirupoma Borbora who is respondent No.8. in this writ petition and out of that wedlock one male child was also born. In the year 2017, a suit for divorce was moved by the deceased husband of the petitioner for dissolution of the marriage. The same was registered as Title Suit (Divorce) No.28/2017. Subsequently, by judgment dated 15.12.2017 the divorce petition was allowed exparte and the marriage between the petitioner's husband and respondent No. 8 was annulled. The learned counsel for the petitioner submits that this order has attained finality as no appeal has been preferred by the respondent No.8. Thereafter, the marriage was solemnized on 18.01.2019 and registered on 21.09.2023 between the petitioner and her late husband. After the demise of her husband the petitioner submitted the necessary documents for compassionate family pension. However, the respondents have failed to accept her claims. Therefore, the petitioner is before this Court by filing the present writ petition. 4] The Circle Officer has filed an affidavit, wherein in paragraph No.6 it has Page No.# 4/5 stated that hearing was conducted in the Circle Office of Subansiri Revenue Circle on 24.03.2025 and a report regarding the same was submitted to the District Commissioner vide communication dated 25.03.2025. However, a copy of the said communication is not enclosed to the affidavit. 5] The Addl. Deputy Commissioner has also filed an affidavit stating that the service book along with all necessary enclosures were submitted to the Addl. District Commissioner (Revenue), Lakhimpur. 6] The respondent No. 8 has also contested the case by filing an affidavit denying the contentions of the writ petitioner. It is stated that the late husband of the petitioner obtained the exparte decree without having copies of the notice being served. The learned counsel appearing for the respondent No. 8 submits that no appeal has been filed against the said decree of divorce. 7] It is also stated that the respondent No.8 is a retired Assistant Teacher and a Government Pensioner. The petitioner filed a rejoinder affidavit reiterating the case projected in the writ petition. 8] Heard the learned counsel for the parties and perused the pleadings available on record. 9] From the pleadings available on record it appears that there is annulment of marriage between the respondent No. 8 and late husband of the petitioner namely Lt. Dambaru Dutta by judgment dated 15.12.2017 passed by the District Judge Court in Title Suit (Divorce) No.28/2017. Page No.# 5/5 10] The petitioner has submitted the Legal Heir Certificate before the authorities. 11] From the averments made in the affidavit, it is seen that the service book of the petitioner is available before the authorities. Under such circumstances it appears that there is no hindrance in processing the claim of the petitioner by the respondent authorities upon making necessary verification to the extent permitted by the Rules. The writ petition therefore, stands disposed. The respondent No.5 namely District Commissioner, Lakhimpur is directed to forthwith process the claim of the petitioner for compassionate family pension payable to the petitioner upon making due verification. Needless to say the process will be carried out by the District Commissioner in terms of the provisions as permitted under the Rules. 12] The exercise should be completed within a period of 60 days from the date of receipt of a certified copy of this order. JUDGE Comparing Assistant