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2025 DAILYLAW 5567 (GAU)

SHABNAM YEASMIN v. THE STATE OF ASSAM AND 5 ORS

WP(C)/182/2025 · 2025-01-19

Michael Zothankhuma

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010005022025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/182/2025 SHABNAM YEASMIN D/O- LATE SHAHARUL ISLAM, RESIDENT OF VILLAGE- TAKIMARI, P.O. JALESWAR, P.S. LAKHIPUR, DIST.- GOALPARA, ASSAM, PIN- 783132 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-06 2:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX GUWAHATI-06 3:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06 4:THEINSPECTOR OF SCHOOLS GDC GOALPARA ASSAM PIN- 783001 5:THE TREASURY OFFICER GOALPARA P.O. P.S. AND DIST.- GOALPARA ASSAM PIN- 783001 6:THE PRINCIPAL OF JALESWAR HIGHER SECONDARY SCHOOL P.O. JALESWAR P.S. LAKHIPUR DIST.- GOALPARA ASSAM PIN- 78313 Page No.# 2/3 Advocate for the Petitioner : MR. A F N U MOLLAH, K ZAMAN Advocate for the Respondent : SC, SEC. EDU., GA, ASSAM,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 20.01.2025 Heard Mr. A.F.N.U. Mollah, learned counsel for the petitioner, who submits that the petitioner is an unmarried dependent daughter of her deceased father, Shaharul Islam, who died in harness on 19.10.2001, while working as L.D. Assistant in Jaleswar Higher Secondary School, Goalpara District, Assam. After the death of the petitioner’s father, the petitioner’s mother has been granted family pension, vide PPO No. S/FP/57234 w.e.f., 20.10.2001. However, the petitioner’s mother expired on 30.08.2023, leaving the petitioner and her unmarried elder sister, namely, Sharmin Sultana. 2. The petitioner’s grievance is that despite making request to the respondent Nos. 2 & 4, for grant of family pension, the same has not been given to the petitioner till date. 3. The petitioner’s counsel submits that the petitioner has submitted a detail representation on 11.12.2024 to the respondent No. 2, with a prayer to grant family pension to the petitioner, in terms of the notification dated 09.08.2018 issued by the Commissioner & Secretary to the Government of Assam, pertaining to the Assam Services (Pension) Amendment Rules, 2018 and the Assam Services (Pension) Rules, 1969. Page No.# 3/3 4. The petitioner’s counsel submits that the present writ petition can be disposed of, if a direction is issued to the respondent Nos. 2 & 4, to take a decision on the petitioner’s representation, for grant of family pension to the petitioner. He also submits that the elder sister of the petitioner, who is a homeopathic doctor, shall be submitting documents, for grant of family pension in favour of the petitioner with the concerned authorities. 5. Mr. B. Kaushik, learned counsel for the respondent Nos. 1 & 4, Mr. B. Deuri, learned counsel for the respondent No. 2 and Ms. R. M. Baruah, learned counsel for the respondent Nos. 3 & 5 submit that they have got no objection to the prayer made by the petitioner’s counsel. 6. In view of the consent of the parties, this writ petition is disposed of, with a direction to the respondents, especially respondent Nos. 2 & 4, to take a decision on the petitioner’s representation for grant of family pension. The entire process shall be concluded, within a period of two months from the date of receipt of a certified copy of this order. 7. The writ petition is accordingly disposed of. JUDGE Comparing Assistant