Page No.# 1/4 GAHC010059332026 2026:GAU-AS:4842 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1900/2026 SONEBALA BORO W/O- LATE UDDHAB CHANDRA BORO, RESIDENT OF BHABANIPUR, P.O-NOONMATI, DIST-KAMRUP METRO, ASSAM, PIN-781020 2: ANJIMA BORO W/O- LATE UDDHAB CHANDRA BORO VILL-PURAN BHAWANIPUR P.O-PURAN BHAWANIPUR DIST-BAJALI ASSAM PIN-78131 VERSUS THE STATE OF ASSAMAND OTHRS REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR GUWAHATI 06 2:THE PRINCIPAL ACCOUNTANT GENERAL A AND E ASSAM MOIDAMGAON BELTOLA GUWAHATI 29 3:THE SECRETARY TO THE GOVT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI 06 4:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX GUWAHATI 06 Page No.# 2/4 5:THE DIRECTOR OF SCHOOL EDUCATION KAHILIPARA GUWAHATI 19 6:THE INSPECTOR OF SCHOOLS BAJALI P.O BAJALI DIST BAJAJI ASSAM PIN 781325 7:THE TREASURY OFFICER BAJALI P.O BAJALI DIST BAJALI ASSA Advocate for the Petitioner : ABDUL REZZAK MONDAL, A R MONDAL,MR Z ALAM,MR. S ISLAM,MR A HAWARI Advocate for the Respondent : SC, SEC. EDU., SC, AG (A AND E),SC, FINANCE,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 02.04.2026 Heard Mr. S. Islam, learned counsel for the petitioners. Also heard Ms. P. Das, learned Standing Counsel, Secondary Education Department for the respondent Nos. 1, 5 and 6, Mr. D. Chakraborty, learned counsel for the respondent No.2, Ms. R. M. Baruah, learned Standing Counsel for the respondent Nos. 3 and 7 and Ms. K. Phukan, learned Govt. Advocate for the respondent No.4. [2.] Having regard to the nature of grievance projected by the petitioners, this writ petition is taken up for disposal at this stage. Page No.# 3/4 [3.] The petitioner’s husband, late Mr. Uddhab Ch. Boro was working as a Grade-IV employee at Sorupeta High School, Bajali, died-in-harness on 02.10.2025. According to the petitioners, during his life time, he was married to both the petitioner No.1 and petitioner No.2. The petitioner No.1 is the first wife who lived separately while petitioner No.2 lived with him. In the service book of the late Uddhab Ch. Boro, petitioner No.2 was indicated as the nominee. When pension papers were being processed, the petitioner No.1 submitted her objection and due to which reason, the respondent No.6 did not process the pension papers any further. The learned counsel for the petitioners submits that both the petitioners have now come to an agreement that the family pension would be shared between them equally and the share of the other service benefits like GIS, Gratuity, Leave Salary and GPF would be in the ratio of 40:60 between the petitioner No.1 and petitioner No.2 respectively. Accordingly, an agreement was made by the petitioners in writing before two reliable witnesses on 16.02.2026 at Bajali. The learned counsel submits that although the petitioners approached the respondent No.6 with the agreement but since the pension process has not been taken up, the petitioners are before this Court. [4.] Considering the above projection, instead of keeping the matter pending before this Court, the matter is disposed of by directing the petitioners to submit their joint representation before the respondent No.6 by enclosing a copy of the agreement arrived at between the petitioners as regards the apportionment of the pension and other benefits. Since the late Grade-IV employee had nominated his second wife in his service book, the petitioner No.1 shall also submit a No objection Certificate along with the representation and the agreement arrived between the parties before the respondent No.6. Upon receipt of the same, the respondent No.6 shall process the matter so that the Page No.# 4/4 petitioners can have the benefit of the pension and other retiral benefits of the late Government servant. [5.] The petitioners shall submit their representation as directed hereinabove within 2(two) weeks from today. Thereafter, respondent No.6 shall take the matter forward in accordance with law. [6.] With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant