Page No.# 1/4 AHC010056282026 2026:GAU-AS:6015 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1643/2026 JAKI REJWANA LASKAR WIFE OF LATE SORIF UDDIN BARBHUIYA, RESIDENT OF VILLAGE- VICHINGCHA, P.O.- VICHINGCHA, DISTRICT- HAILAKANDI, ASSAM, PIN- 788151, PHONE- 9678318275 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF EDUCATION, DISPUR, GUWAHATI-06 2:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI- 781029 4:THE DIRECTORATE OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI-06 5:THE ADDITIONAL DISTRICT COMMISSIONER (EDUCATION) HAILAKANDI 6:DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI Page No.# 2/4 Advocate for the Petitioner : MR. A Y CHOUDHURY, MR. AHMAD SAKIR Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM,SC, AG (A AND E) BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 04.05.2026 Heard Mr. A. Y. Choudhury, learned counsel for the petitioner. Also heard Mr. P. Saikia, learned Government Advocate, Assam for the State respondents; Ms. N. Phukan, learned Standing Counsel for the Elementary Education Department, Govt. of Assam and Ms. M. Das, learned counsel appearing on behalf of Mr. S. K. Medhi, learned Standing Counsel, Accountant General (A & E) for the respondent No. 3. [2.] Having regard to the nature of case projected by the petitioner, the writ petition is taken up for disposal at this stage. [3.] It is the case of the petitioner that her husband was initially appointed as SSA teacher in the year 2017 and he rendered continuous service for about seven (7) years as a contract teacher. Thereafter, he was regularized and appointed as a regularized Assistant Teacher on 02.09.2024. After serving for ten (10) months and seven (7) days as a regularized teacher, he had expired on 09.07.2025 leaving behind the petitioner and their two (2) minor children and also his mother as dependence. According to the petitioner, they have no other source of income except from the salary received by her late husband. The petitioner, therefore, approached the respondent authority concerned (respondent No. 4) for granting Compassionate Family Pension by submitting her representation on 24.11.2025. However, since the petitioner was verbally informed that as her husband did not Page No.# 3/4 complete one (1) year of service after regularization, the Compassionate Family Pension cannot be granted to her. Therefore, the petitioner is before this Court. [4.] The learned counsel for the petitioner submits that the case of the petitioner is squarely covered by a decision rendered by a Coordinate Bench of this Court in WP(C) No. 4491 of 2021 (Manjula Ray Adhikary Vs. State of Assam & 8 Ors.), wherein, this Court vide Judgment & Order dated 10.06.2025 came to a finding that in order to come within the definition of “Government Servant”, it would not be necessary for the employee to be in a permanent service under the Government and that even a temporary employee under the Government of Assam, would come within the definition of “Government Servant”. Such an interpretation was based on the definition given under Rule 2 (e) of the Assam Services (Discipline and Appeal) Rules, 1964. [5.] The learned counsel in support of his submissions he has produced a copy of the Judgment & Order dated 10.06.2025 rendered by a Coordinate Bench of this Court in Manjula Ray Adhikary (supra). Upon careful perusal of the said decision, it only appears that the case of the instant writ petition is squarely covered as well. No materials has been brought to this Court that the said Judgment has been interfered with by a higher forum. [6.] Accordingly, the writ petition is disposed of by directing the respondents to provide the Compassionate Family Pension to the petitioner in accordance with law in terms of the decision referred to here-in-above without any delay. The petitioner shall submit a copy of the writ petition along with the said Judgment rendered in Manjula Ray Adhikary (supra) before the Director of Elementary Education, Govt. of Assam (respondent No. 2) and upon receipt of the same, the respondent No. 2 shall do the needful for granting the Compassionate Family Pension Scheme to the petitioner. The process of granting such a benefit shall be done and completed Page No.# 4/4 within a period of three (3) months from the date of receipt of a certified copy of this Order. [7.] With the above observations and directions, writ petition stands disposed of. JUDGE Comparing Assistant