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2026 DAILYLAW 3579 (GAU)

DULU MONI BONIA v. NIRAJ VERMA, IAS AND 8 ORS.

Cont.Cas(C)/225/2023 · 2026-03-06

Arun Dev Choudhury

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/4 GAHC010084052023 2026:GAU-AS:3396 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/225/2023 DULU MONI BONIA (MINOR), D/O LT. DULAL BANIA @ DULAL CHANDRA BANIA, VILL- RANTHOLI, P.S.-NAGAON, DIST-NAGAON, ASSAM, PIN-782101, REPRESENTED BY HER MOTHER NAMITA SARKER BANIA, LEGAL GUARDIAN OF THE PETITIONER VERSUS NIRAJ VERMA, IAS AND 8 ORS. SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GHY-6 2:GYANENDRA PRATAP SINGH IPS THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-05 3:APARNA N IPS THE SUPERINTENDENT OF POLICE MORIGAON DIST-MORIGAON ASSAM PIN-7820105 4:DEVASHISH SHARMA IAS THE DEPUTY COMMISSIONER MORIGAON ASSAM Page No.# 2/4 P.O. AND P.S. AND DIST-MORIGAON PIN-782105 5:JAYANT SINGH THE COMMANDANT 1ST ASSAM POLICE BATTALION SIBSAGAR P.S. P.O. AND DIST-SIBSAGAR ASSAM 6:PRITHWISH KUMAR CHAKI THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GHY-6 7:K.S. GOPINATH NARAYAN IA AND AS THE ACCOUNTANT GENERAL OF ASSAM MAIDAMGAON BELTOLA GUWAHATI-29 8:ALOK TAMULI THE TREASURY OFFICER MORIGAON TREASURY OFFICE MORIGAON ASSAM 9:MANORANJAN GOHIN TREASURY OFFICER NAGAON TREASURY NAGAON DISTRICT-NAGAON (ASSAM) Advocate for the Petitioner : MR. M U MONDAL, MR A ALIM SK,MR K ISLAM,MD. I H KHAN Advocate for the Respondent : MR. J HANDIQUE, Page No.# 3/4 BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 07-03-2026 1. Heard Mr. M. U. Mondal, learned counsel for the petitioner and Mr. J. Handique, learned counsel for the respondents/contemnors. 2. Alleging willful and deliberate violation of the order dated 02.08.2022, passed in WP(C) No. 3776/2021, the present contempt petition is filed. 3. By the aforesaid order, a direction was issued that the family pension, after the death of the Government Servant, namely, Dulal Chandra Bania @ Dulal Bania be shared equally between Bhabani Bania, 1st wife and Dulu Moni Bania, minor daughter from the second wife of said Dulal Bania. 4. The present contempt petition is filed by the second wife of late Dulal Bania, being a guardian of said minor daughter. 5. Mr. Handique, learned counsel for the respondents/ contemnors has produced a written communication addressed by Senior Accounts Officer of Office of the Principal Accountant General (A&E), Assam, which goes to show that in compliance of this Court’s order dated 02.08.2022 (supra), necessary arrangement for family pension in equal share is to be made between the aforesaid 1st wife and minor daughter till 14.07.2038, i.e., till attaining the age of 21 years after obtaining legal guardianship certificate. 6. It is submitted by the learned counsel for the petitioner that both the 1st wife and minor daughter of late Dulal Bania are receiving family pension, Page No.# 4/4 however, arrear of pension is yet to receive. 7. From the record, it is seen that the claim of the arrear of pension was neither adjudicated nor decided in the aforesaid writ petition. 8. In view of the aforesaid backdrop, this Court is of the opinion that the order 02.08.2022, passed in WP(C) No. 3776/2021, is complied with. 9. Accordingly, the present contempt petition stands closed. 10. It is needless to say that the petitioner may approach the appropriate forum, if any grievance remains. 11. Copy of the aforesaid communication so furnished by Mr. Handique, learned counsel for the respondents/contemnors be kept on record and the same also be furnished to the learned counsel for the petitioner. JUDGE Comparing Assistant