Page No.# 1/4 GAHC010232852025 2026:GAU-AS:6895 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6108/2025 GEETASHREE BORAGI W/O- LATE DHARMESWAR KALITA, R/O- VILL.- SHREE BHUYANGAON, P.O. AND P.S. BIHPURIA, DIST. NORTH LAKHIMPUR, ASSAM, PIN- 784161. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-781006. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR ASSAM PIN- 787051. 4:THE DEPUTY INSPECTOR OF SCHOOLS NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN- 787051. 5:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI ASSAM PIN- 781006 Page No.# 2/4 Advocate for the Petitioner : MR N SARMA, Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 19.05.2026 Heard Mr. N. Sharma, the learned counsel for the petitioner. Also heard Mr. B. Talukdar, the learned standing counsel, Elementary Education Department. 2. By this application filed under Article 226 of the Constitution of India, the petitioner has prayed for writ in the nature of Mandamus directing the respondent authorities to grant a family pension to the petitioner under Assam Services Pension Rules, 1969 in terms of the order dated 28.06.2023, passed in I.A.(C) No. 1238/2023, by which, it was directed that the husband of the petitioner was a stipendiary teacher and that all benefits should be given to him. 3. The case of the petitioner is that her husband was appointed as an assistant teacher vide order dated 08.03.2001 and, thereafter, her husband was regularised in the service of teacher w.e.f. 20.10.2012. 4. The petitioner further states that her husband died on 11.06.2014, while serving at Tinthengia LP School under Bihpuria Block. After the death of the petitioner’s husband, the petitioner approach the authorities for release of service benefits as well as pension but the said prayer was never exceeded to Page No.# 3/4 by the concerned authorities and aggrieved thereby, the petitioner approach the Hon’ble Court by filing writ petition being WP(C) No. 4353/2022, for pensionary benefits under the Assam Service Pension Rule, 1969 and the said writ petition was taken along with other similar writ petitions and this Hon’ble court by a common judgment and order dated 31.03.2023, held that stipendiary teachers are entitled for GPF and other pensionary benefits under the 1969 Rules. 5. However, the petitioner states that this Court while disposing the writ petition had categorised some teachers under the Black Board Teachers category. The petitioner being again aggrieved filed an interlocutory application being I.A.(C) No. 1238/2023 for the correction of the said inadvertent errors that had cropped up in the judgment and order dated 31.03.2023. 6. After consideration of the said case, this court vide order dated 28.06.2023 had held that the petitioners except petitioner nos. 28 and 30, in the said writ petition are stipendiary teacher and they are entitled to all the benefits and the name of the petitioner was at serial no. 12 in the said writ petition. Thereafter, one of the petitioner of that writ petition, who was similarly situated as that of the present petitioner submitted a representation before the respondent authorities along with the copy of the order dated 28.06.2023, but the said representation was not acted upon by the respondent authorities. As such, aggrieved the petitioner has filed his instant writ petition with the aforesaid prayer. 7. During the writ proceeding, the Director of Elementary Education Assam, filed an affidavit-in-opposition stating inter alia that pursuant to the High Court’s Page No.# 4/4 order the concerned authorities have verified the list of stipendiary teachers, wherein, the name of the husband of the petitioner figured at Serial No. 162. 8. As such, it is seen that the husband of the petitioner was considered as a stipendiary teacher and not under any other category. However, the husband of the petitioner expired in 11.06.2014, that is he died in harness while serving in school, as such, the petitioner, who is the wife of the said employee is entitled for all the benefits under the Pension Rules, 1969. 9. Further, it is seen that this court vide order dated 31.03.2023, passed in WP(C) No. 6403/2021, had held that the stipendiary teachers appointed before 2005, would be entitled under the Old Pension Scheme of 1969. 10. As such, this court finds it fit to direct the respondent authorities to grant family pension to the petitioner under the Assam Service Pension Rules, 1969 with other financial benefits from the date of the death of the husband of the petitioner i.e. 11.06.2014. 11. The said exercise to be completed within a period of 2 (Two) months from the date of receipt of this order. The petitioner is also directed to place the certified copy of this order before the respondent authorities at the earliest. 12. The writ petition is accordingly disposed of. JUDGE Comparing Assistant