Page No.# 1/4 GAHC010055252024 2025:GAU-AS:10076 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1531/2024 REJINA BEGUM W/O- LATE ZAHIRUDDIN AHMED, VILL- JARANI, DAKARGHAT, P.O.- DAKARGHAT, P.S. NAGAON (SADAR), DIST.- NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HEALTH SERVICES (FAMILY AND WELFARE) DEPARTMENT, DISPUR, GUWAHATI-06 2:THE DIRECTOR OF HEALTH SERVICES (F AND W) ASSAM HENGARBARI GUWAHATI-36 3:THE ADDITIONAL CHIEF OF MEDICAL AND HEALTH OFFICER (FW) NAGAON P.O. AND DIST.- NAGAON ASSAM PIN- 782001 4:THE JOINT DIRECTOR OF HEALTH SERVICES NAGAON P.O. AND DIST.- NAGAON PIN- 782001 5:THE ACCOUNTANT GENERAL ASSAM BELTOLA GUWAHATI-29 6:THE DIRECTOR OF PENSION ASSAM Page No.# 2/4 DISPUR GUWAHATI-06 7:THE TREASURY OFFICER NAGAON P.O. AND DIST.- NAGAON ASSAM PIN- 78200 Advocate for the Petitioner : MR M Z SHAH, MD P RAHMAN Advocate for the Respondent : SC, HEALTH, GA, ASSAM,SC, AG BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 04.08.2025 Heard Mr. M. Z. Shah, learned counsel appearing for the petitioner. Also heard Ms. S. Sarma, learned Standing Counsel, Health Department, and Mr. D. Bhattacharjee, learned Standing Counsel, Accountant General, and Mr. A. Chakraborty, learned counsel appearing for respondent No. 6. 2. By way of this application under Article 226 of the Constitution of India, the petitioner is seeking grant of the family pension and other benefits which is due to her deceased husband with adequate interest. 3. Brief facts of the case is that the petitioner’s deceased husband Zahiruddin Ahmed, who was working as Grade-IV employee in the office of Additional Chief Medical & Health Office (FM) Nagaon, under the Director of Health Services (FW), Assam and by order dated 30.12.2002 issued by the Director of Health Services (FW) Assam, Page No.# 3/4 has voluntarily retired from service which was accepted on 31.12.2002. Therefore, the pension of the petitioner has been sanctioned under the Assam Service Pension Rules, 1969. It appears that after the expiry of the first wife of the petitioner’s husband, he performed marriage with the petitioner as per Muslim rights and accordingly was living with her. It further appears that after the death of the husband on 04.09.2014, the petitioner applied for family pension before the respondent No. 3, however, nothing has been done. Situated thus, the present Writ Petition has been filed. 4. Today, when the matter has been called upon after issuance of notice, Ms. S. Sarma, learned Standing Counsel, Health Department places the letter dated 01.04.2024 issued by the Additional Chief Medical & Health Office (FM) Nagaon, Assam, whereby, it is informed that the petitioner has not applied for family pension with relevant documents like death certificate, Next to Kin certificate, marriage certificate, etc. It is specifically mentioned in the aforesaid letter that as and when the petitioner shall apply in proper way, her application shall be taken up by the competent higher authority. 5. Relevant portion of the aforesaid order reads as under:- “No. DFWB/N/Esstt./2024/911 Date: 01/04/2024 To Smti. Santana Sarma S.C., Health Department Sub: WP(C) No. 1531/2024 (Rejina Begum & Ors.-Vs-State of Assam & Ors.) Madam, I have the honour to state you that Mrs. Rejina Page No.# 4/4 Begum, 2nd Wife of Late Zahir Uddin Ahmed, Ex-Grade-IV employee of this office not applied for family pension with relevant documents like death certificate, Next to Kin Certificate, Marriage certificate etc. When she will apply in proper way then the undersigned will forward her application to the competent higher authority. This is for favour of your kind information & necessary action. Addl. CM&HO (FW) Nagaon (Assam) Date: 01/04/2024 Memo No. DFWB/N/Esstt./2024/912-13” 6. In view of the aforesaid endorsement made by learned counsel for the petitioner and upon perusal of the letter dated 01.04.2024, this Court is of the opinion that this writ petition can be disposed of with a direction that as and when an application with proper documents is submitted by the petitioner before the respondent authority, the same shall be considered in accordance with law within a period of three (3) months from the date of receipt of the application. 7. Ordered accordingly. 8. In view of the aforesaid, the Writ Petition stands disposed of. 9. A copy of the letter dated 01.04.2024, is kept on record and marked as ‘X’. JUDGE Comparing Assistant