Page No.# 1/3 GAHC010000142025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/73/2025 LIASMA SULTANA W/O LATE ASHAD ALI R/O VILL- DUAMARI, P.O. DEWAGURI IN THE DISTRICT OF MORIGAON, ASSAM, PIN-782127 VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL (ELEMENTARY) EDUCATION, ASSAM, DISPUR, GUWAHATI- 781006 2:THE PRINCIPAL SECRETARY GOVERNMENT OF ASSAM DEPARTMENT OF FINANCE DISPUR GUWAHATI-6. 3:THE COMMISSIONER AND SECETARY GOVERNMENT OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT DISPUR GUWAHATI-6. 4:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER Page No.# 2/3 DUBRI DIST. DHUBRI ASSAM 6:THE INSPECTOR OF SCHOOLS DHUBRI DISTRICT CIRCLE DIST. DHUBRI ASSAM 7:MOHAMMAD ALI S/O LATE SIRAJ ALI R/O VILL- DUAMARI P.O. DEWAGURI IN THE DISTRICT OF MORIGAON ASSAM PIN-78212 Advocate for the Petitioner : MR. H R KHAN, MS. N GOSWAMI,MR. N ISLAM Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 29.01.2025 1. Heard Mr. H.R.Khan, learned counsel for the petitioner, who submits that in terms of the order dated 06.11.2023 passed in WP(C) No. 6409/2023, the Director of Elementary Education Department, Assam was to take a decision on the petitioner’s representation, wherein she claimed apportionment of the Compassionate family pension being given to the petitioner herein. Till a decision was taken by the Director, payment of compassionate family pension was to be stopped. 2. The petitioner’s counsel submits that the petitioner in WP(C) No. 6409/2023 is the father-in-law of the present petitioner and the father of the petitioner’s deceased husband. He submits that no decision has been taken by the Director on the petitioner’s representation till date and as such, no pension is being released by the State respondents. Page No.# 3/3 3. Mr. P.K.Bora, learned counsel for the Elementary Education Department has submitted the hearing minutes dated 21.10.2024 held in connection with the direction passed in WP(C) No. 6409/2023 along with the letter dated 09.01.2025, issued by the Director, Elementary Education, Assam, which shows that the State respondents have taken a decision, to the effect that the respondent No. 7 ( father-in-law) herein is eligible for compassionate family pension @10% of the monthly gross pension being paid to the petitioner herein. 4. I have heard the learned counsels for the parties. 5. In view of the fact that the direction passed in WP(C) No.6409/2023 has been compiled with by the respondents, this court is of the view that the petitioner should be given her share of the compassionate family pension in terms of the schemes for compassionate family pension published in the Notification dated 14.09.2017. The letter dated 09.01.2025, issued by the Director of Elementary Education and the hearing minutes dated 21.10.2024 are made part of the record and marked as Annexures ‘X’ and ‘Y’ respectively. 6. The respondents are accordingly directed to release the pension payable to the petitioner, namely, Liasma Sultana in terms of the hearing minutes dated 21.10.2024 immediately. It is needless to add that the petitioner is at liberty to put to challenge the hearing minutes dated 21.10.2024, if so advised. 6. Writ petition is accordingly disposed of. JUDGE Comparing Assistant