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2026 DAILYLAW 6516 (GAU)

RABIYA KHATUN v. THE GOVERNMENT OF ASSAM AND 5 ORS

WP(C)/6605/2025 · 2026-05-18

Shamima Jahan

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010253182025 2026:GAU-AS:6896 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6605/2025 RABIYA KHATUN W/O- LATE SIRAJ UDDIN AHMED, VILL- SEUTI PART - I, P.O. BEHARA BAZAR, P.S. KATIGORAH, DIST. CACHAR, ASSAM, PIN- 788817. VERSUS THE GOVERNMENT OF ASSAM AND 5 ORS REPRESENTED BY THE SECRETARY, ELEMENTARY EDUCATION DEPARTMENT, GUWAHATI-06. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX LAST GATE DISPUR GUWAHATI-06. 4:THE TREASURY OFFICER SILCHAR DIST. CACHAR ASSAM 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) CACHAR SILCHAR ASSAM 6:THE BLOCK ELEMENTARY EDUCATION OFFICER (BEEO) KATIGORAH Page No.# 2/4 CACHAR ASSA Advocate for the Petitioner : MR. M ALI, MR. J UDDIN,H R KHAN Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE AND TAXATION,GA, ASSAM BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 19-05-2026 Heard Mr. M Ali, learned counsel for the petitioner. Also heard Mr. PK Borah, learned Standing Counsel, Elementary Education Department as well as Ms. DD Barman, learned Additional Senior Government Advocate appearing for respondent No. 3. [2] By this application filed under Article 226 of the Constitution of India, the petitioner has prayed for releasing of family pension and other pensionery benefits after the death of her husband on 27.06.2023. The petitioner has also prayed that the representation, she submitted before the District Elementary Education Officer (DEEO), Cachar should also be disposed of without any further delay. [3] The case of the petitioner is that her husband was working as a Head Teacher at Haltorpar L.P. School, Katigora Education Block and that after retirement, he was drawing his pension and subsequently her husband died on 27.06.2023 and after the death of her husband, the petitioner was not getting her pension and other pensionery benefits. The petitioner further states that she made a representation before the DEEO on 15.09.2025 praying that she may be granted pension from the date of her husband’s death. Page No.# 3/4 [4] The learned counsel for the petitioner, however, submits that the petitioner has lost the original pension payment order, which was also written in the representation. He further submits that the petitioner has the number of the PPO with her, but she lost the original pension payment order and that the said fact was written in the representation but the authorities concerned have not responded to the said representation. He further submits that the petitioner is entitled for pension and other pensionery benefits. [5] On the other hand, Mr. PK Borah, learned Standing Counsel, Elementary Education Department submits that he has instructions from the office of the Director of Elementary Education, wherein it was stated that the petitioner had not submitted all the required documents for verification and for an effective instructions to the Directorate of Pension for releasing the pension. [6] It is noticed that the pension payment order and other relevant documents were not placed by the petitioner before the DEEO and as such, it could not be processed. The petitioner had also stated that she had lost the original PPO and that she has only the number of the same and as such, she could not place the said order before the DEEO. [7] It is as such directed that the petitioner would apply for a copy of the pension payment order before the Director of Pension and it is further directed that if some exercise is required to go into before applying for the same, such as intimation to the Police regarding the loss of the said order or any other required procedure, the petitioner has to go through and do the same and once a copy of the pension payment order is supplied by the Director of Pension to the petitioner, the petitioner would submit the same before the DEEO along with the other documents and on receipt of the said documents, the DEEO is further Page No.# 4/4 directed to do the needful for releasing the pension and other pensionery benefits to the petitioner, such as, giving effective instructions to the Director of Pension. [8] The exercise by the DEEO after getting the necessary documents from the petitioner and further the exercise by the Director of Pension for release of pension to the petitioner should be done within a period of 2 (two) months from the successful verification of the documents by the DEEO. [9] The writ petition stands disposed of. JUDGE Comparing Assistant