Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 11036 (GAU)

SMT PRATIMA DAS @ ARATI DAS v. UNION OF INDIA AND 3 ORS

WP(C)/1763/2026 · 2026-07-23

N Unni Krishnan Nair

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010060822026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1763/2026 SMT PRATIMA DAS @ ARATI DAS W/O- LATE SUBODH CH DAS, D/O- BIRENDRA KR DAS, RESIDENT OF C/O DIPAK DAS S/O LT LATIT MOHAN DAS, P.S. LUMDING, DISTRICT HOJAI, ASSAM PIN 782447 MOBILE 6000358606 VERSUS UNION OF INDIA AND 3 ORS THROUGH THE SECRETARY, MINISTRY OF RAILWAYS, RAIL BHAVAN, RAISINA ROAD, NEW DELHI 110 001 2:THE GENERAL MANAGER NORTHEAST FRONTIER RAILWAY (N.F. RAILWAY) MALIGAON KAMRUP (METRO) GUWAHATI ASSAM - 781011. 3:THE DIVISIONAL RAILWAY MANAGER DRM LUMDING DIVISION NORTHEAST FRONTIER RAILWAY LUMDING ASSAM-782447 4:SMT SUNITA DAS W/O-LATE SUBODH CH DAS RESIDING AT QUATER NO. S 511 OFFICER COLONY NEAR WATER TANK MOUZA AND P.S. LUMDING DISTRICT HOJAI ASSA Page No.# 2/4 Advocate for the Petitioner : MR. N I MAZARBHUYAN, MR. T K DEY Advocate for the Respondent : DY.S.G.I., MRS. A GAYAN (R-1),MS S RASUL (R4),MR. A R BHUYAN (R4) BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 24.07.2026 Heard Mr. D Gogoi, Learned Counsel for the Petitioner. Also heard Ms. A Gayan, Learned CGC appearing for the Respondent Nos. 1, 2 & 3. None appears for the Respondent No. 4. The Petitioner, in the present Writ Petition, has projected that she is the wife of Lt. Subodh Ch. Das, who was an ex Senior Trackman, in the Railways. The husband of the Petitioner had retired from his services on 03.05.2016. The husband of the Petitioner, at the time of his retirement, has submitted a family declaration and therein, did not incorporate the name of the Petitioner, as his wife. The husband of the Petitioner passed on, on, 22.10.2018. The husband of the Petitioner, in the family declaration made by him, having incorporated the name of the Respondent No. 4, i.e. Smti. Sunita Das, as his nominee, the Respondent authorities, had authorized to the said Smti. Sunita Das, the family pension, in the matter. Further, an appointment on compassionate ground was also extended to the son of the Respondent No. Page No.# 3/4 4, Sri. Sumit Das, on compassionate grounds. Being aggrieved, the Petitioner has instituted a Title Suit being Title Suit No. 93/2018, before the Ld. Court of Civil Jugde, (Junior Division), Hojai, seeking a declaration, with regard to her marital status. The said Title Suit was decreed in favour of the Petitioner and, therein, it was held that the Petitioner, herein, is the legally married wife of the Lt. Subodh Ch. Das. Ms. A Gayan, Learned CGC appearing for the Respondent Nos. 1, 2 & 3, on instructions, has submitted that in view of the decree, passed by the Ld. Trial Court in Title Suit No. 93/2018, the family pension, drawn by the Respondent No. 4, was discontinued, w.e.f 20.01.2025 and a family pension, in favour of the Petitioner, herein, has been duly sanctioned by the Competent Authority and forwarded to the Accounts Department for disbursement. She submits that the amounts involved, would now be disbursed to the Petitioner, within the outer limit of 2 (Two) weeks from today. The said authorization of family pension to the Petitioner, is stated to have been made, w.e.f 21.01.2025. In view of the submissions made by Ms. A Gayan, Learned CGC appearing for the Respondent Nos. 1, 2 & 3, Mr. D Gogoi, Learned Counsel for the Petitioner has fairly submitted that the grievances, raised by the Petitioner in the present Writ Petition, stands redressed and the Writ Petition may be closed with a direction to the Respondent authorities to expeditiously Page No.# 4/4 disburse to the Petitioner, her due family pension. In view of the above discussion, this Court directs the Respondent authorities to release to the Petitioner, her due family pension, w.e.f 21.01.2025, as undertaken to be so authorized by the Respondent authorities and intimated to this Court by Ms. A Gayan, Learned CGC appearing for the Respondent Nos. 1, 2 & 3. The arrears involved, be released to the Petitioner, within a period of 30 (Thirty) days from today. With the above observations and directions, the present Writ Petition stands disposed of. JUDGE Comparing Assistant