Page No.# 1/3 GAHC010031852025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/968/2025 BANI BASUMATARY D/O - LATE NAGEN BASUMATARY @ NAGENDRA BASUMATARY R/O - DIABARI PIN CODE-783370, P.S-KOKRAJHAR, DIST- KOKRAJHAR, ASSAM. VERSUS THE STATE OF ASSAM AND 4 ORS. TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PENSION AND PUBLIC GRIEVANCES DEPT., DISPUR, GUWAHATI-6. 2:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM HOME AND POLITICAL DEPT. DISPUR GUWAHATI-6 3:THE OFFICE OF THE SUPERINTENDENT OF POLICE DHUBRI ASSAM- 783301. 4:THE INSPECTOR GENERAL OF POLICE ASSAM KHANAPARA-23. 5:THE ACCOUNTANT GENERAL ASSAM MAIDAMGAON BELTOLA GUWAHATI -2 Advocate for the Petitioner : MS. G BORAH, Page No.# 2/3 Advocate for the Respondent : GA, ASSAM, MR. S K MEDHI (SC,AG),SC, AG BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 19.06.2026 Heard learned counsel for the parties. The petitioner claims to be an unmarried daughter of late Nagendra Kr. Basumatry, who was serving under the Assam Police. The petitioner’s claimed that Nagendra Kr. Basumatry was her father, who expired on 03.09.1997. After the expiry of her father, family pension was granted in favor of the mother, namely Nimeswari Basumatary. The mother of the petitioner also expired on 15.11.2020, and thereafter the petitioner being an unmarried daughter along with her sister Anita Basumatary, who is also unmarried, are entitled to a share of the pensionary benefits. It is stated that the petitioner is an autistic person. However, the claims made by the petitioner are not entertained by the respondents. Petitioner has referred to certificates stated to have been issued by the Gaonburha of Village Diabari P.O. Kokrajhar, P.S & Dist. Kokrajhar (BTC), Assam. A representation was also filed to the Superintendent of Police, Dhubri to release the pensionary benefits. Mr. C.K.S. Baruah, learned counsel for the State on the other hand submits that as per the claim of the petitioner, the father namely Nagendra Kr. Basumatry, during his service had entered the following particulars in his service book as under: Sl No. Name Relationshi p Marital Status Date of Birth 1. Nimeswari Basumatary Wife Married 1948 Page No.# 3/3 2. Rup Nrn. Basumatary Son Unmarried 1970 3. Druba Sankar Basumatary Son Unmarried 1981 4. Miss Janita Basumatary Daughter Unmarried 1972 5. Miss Moni Basumatary Daughter Unmarried 1977 Since the names of the writ petitioner or her sisters are not reflected as nominee, the respondents are unable to redress the claims made by the petitioner. The learned counsel for the petitioner on a pointed query by the court as to why the next of kin certificate has not been enclosed to the petition, the counsel submits that the next of kin although applied before the concerned Circle Officer, the same has not been issued. However, copies of the application or any representation filed before the circle officer is also not enclosed in the writ petition. Under such circumstances, there being no material to show that Nagendra Kr. Basumatry is the late father of the writ petitioner and her sister Anita Basumatary. There are no materials before the Court to issue any specific directions to the respondents. The prayer made in the writ petition therefore stands declined. However, the respondents are at liberty to pursue their claims before the circle officer for issuance of a proper next of kin certificate. If such a certificate is received by the petitioner, then the petitioners may proceed to stake their claim before the authorities. With the above observation, writ petition stands closed. Mr. K.K. Medhi, learned counsel appears for the respondent No. 5. JUDGE Comparing Assistant