Page No.# 1/4 GAHC010008762026 2026:GAU-AS:1605 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/541/2026 SMT PINKI BHATTACHARJEE DAUGHTER OF LATE ARUN PADA CHAKRABORTY, RESIDENT OF KALI MAHABIR BARI ROAD, WARD NO.5, PO AND PS AND DIST.- SRIBHUMI (ASSAM), PIN- 788710 VERSUS UNION OF INDIA AND 4 ORS THROUGH THE SECRETARY, MINISTRY OF RAILWAYS, RAIL BHAVAN, RAFI MARG, NEW DELHI - 110001. 2:THE CHAIRMAN RAILWAY BOARD MINISTRY OF RAILWAYS RAIL BHAVAN RAFI MARG NEW DELHI- 110001 3:THE GENERAL MANAGER NORTHEAST FRONTIER RAILWAY MALIGAON GUWAHATI ASSAM- 781011 4:THE DIVISIONAL RAILWAY MANAGER LUMDING DIVISION NORTHEAST FRONTIER RAILWAY LUMDING ASSAM- 782447 5:UNION OF INDIA THROUGH THE SECRETARY Page No.# 2/4 DEPARTMENT OF PENSION AND PENSIONERS WELFARE MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSIONS LOK NAYAK BHAWAN KHAN MARKKET NEW DELHI- 11000 For the petitioner (s) : Mr. O. Laskar, Advocate For the respondent (s) : Ms. S. Baruah, CGC BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 06.02.2026 Heard Mr. O. Laskar, the learned counsel appearing on behalf of the petitioner. Ms. S. Baruah, the learned counsel appears on behalf of the respondents. 2. The petitioner herein is aggrieved by the delay in finalization of the family pension to which the petitioner is entitled to, being a dependent divorced daughter of the deceased pensioner in terms with the Office Memorandum dated 26.10.2022. 3. The materials on record show that the petitioner's father, Arun Pada Chakraborty (since deceased) during his lifetime was getting pension until his death on 11.07.2008. Thereupon, the petitioner's mother received the family pension until her death on 28.10.2020. It is the further case of the petitioner that in the meantime, on account of matrimonial dispute between the petitioner and her Page No.# 3/4 husband, a divorce proceedings was initiated being Title Suit (D) No.43/2002 wherein a decree was passed on 12.03.2025. Thereupon, the petitioner applied for the family pension in terms with the Office Memorandum dated 26.10.2022. However, the same having not been accorded till date for which the writ petition was filed. 4. This Court has duly enquired with the learned counsel appearing on behalf of the petitioner as to whether the petitioner has submitted a representation, and if so, the receipt thereof by the concerned Respondent Authorities. 5. Mr. O. Laskar, the learned counsel appearing on behalf of the petitioner has drawn the attention of this Court to Annexure-5. However, a perusal of Annexure-5 does not show that there is any receipt of the representation submitted by the petitioner dated 02.05.2025. 6. A perusal of Annexure-5 also do not show that the decree of divorce was submitted before the concerned Authority, which is the most fundamental document required for the purpose of grant of family pension in terms with the Office Memorandum dated 26.10.2022 to the petitioner. 7. Considering the above, this Court therefore is not inclined to entertain the instant writ petition. Accordingly, the writ petition stands dismissed. Page No.# 4/4 8. Be that as it may, this Court however observes that the petitioner would be at liberty to submit a representation claiming family pension in terms with the Office Memorandum dated 26.10.2022 along with the necessary documents which would entitle the petitioner to the family pension. It is further observed that in the circumstances such representation is submitted, the concerned Authorities in the NF Railway, more particularly the respondent No.3 shall do the needful in terms with the Office Memorandum dated 26.10.2022 preferably within 90 days from the date of submission of such representation. 9. Liberty is given to the petitioner to approach this Court if any decision is taken against the petitioner or within a reasonable period as directed above, the claim for family pension is not settled. JUDGE Comparing Assistant