Page No.# 1/3 GAHC010173832025 2026:GAU-AS:4460 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4524/2025 SALEMA KHATUN W/O- LATE SAFIQUL ISLAM, R/O- VILL- KENDUGURI, (WARD NO-5), P.O- HERAPATTY, P.S- NAGAON, DIST- NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6, ASSAM 2:THE SECRETARY TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPARTMENT DISPUR GUWAHATI-6 ASSAM 3:THE DIRECTOR OF PENSION HOUSEFED COMPLEX GUWAHATI-06 4:THE ACCOUNTANT GENERAL BELTOLA GUWAHATI 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER NAGAON ASSAM Page No.# 2/3 6:AKLIMA KHATUN W/O- LATE SAFIQUL ISLAM R/O-VILL- KENDUGURI 9WARD NO-5) P.O- HERAPATTY P.S- NAGAON DIST- NAGAON 7:THE BLOCK ELEMENTARY EDUCATION OFFICER NAGAON ASSA Advocate for the Petitioner : MR. J AHMED, S AHMED,H G DAISY,R BEGUM Advocate for the Respondent : SC, ELEM. EDU, MS A BEGUM (R-6),MR. A M BARBHUIYA (R- 6),GA, ASSAM,SC, AG (A AND E) BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 27.03.2026 Heard Mr. J. Ahmed, learned counsel for the petitioner. Also heard Mr. P. K. Bora, learned Standing Counsel, Elementary Education Department; Mr. C. Baruah, learned Standing counsel, AG (A and E); Ms. D. D. Barman, learned State Counsel; and Mr. A. M. Barbhuiya, learned counsel for the respondent No. 6. The petitioner, claims to be the second wife of Late Safiqul Islam, who was working as Grade-IV employee in Kanduguri, M.E. Madrassa and expired on 24.11.2024 leaving behind 2 (two) wives and 6 (six) children, has filed this petition seeking a direction to the respondent authorities to pay the pension and retiral benefit of her deceased husband in equal proportion to the petitioner and Page No.# 3/3 the respondent No. 6, who is the first wife of Late Safiqul Islam. It is the contention of the petitioner that the respondent No. 6 has obtained a Legal Heir Certificate from the Office of the District Commissioner, Morigaon by projecting herself as the sole wife of Late Safiqul Islam, without disclosing the existence of the petitioner, who is also the legally wedded second wife. Having considered the judgment and order of the Full Bench of this Court dated 22.12.2022, passed in WA No. 160/2018, and as agreed to by the learned counsel for the petitioner, this Court is of the view that no adjudication is required in the present case as the issue as regards the entitlement of the first wife and second wife has been settled by the said judgment and order. Accordingly, this writ petition is disposed of with a direction to the petitioner to approach the respondent authorities, particularly, respondent Nos. 3 & 5, namely, the Director of Pension, Assam, and the District Elementary Education Office, Nagaon, Assam, who shall consider the case of the petitioner in terms of the judgment and order dated 22.12.2022, passed in WA No. 160/2018. Writ petition stands disposed of. JUDGE Comparing Assistant