Allowed

Sangita Sahu v. the State of Assam and 5 Ors.

Gauhati HC13 Jun 2022WP(C)/323/2022

Case brief

AI extract

What is this about?

Petitioner sought family pension claiming status as only surviving wife after deceased's divorce from first wife. Committee deferred decision pending court confirmation of divorce decree. Court dismissed challenge to minutes, directed petitioner to submit certified divorce decree to committee, and ordered committee to decide entitlement within one month.

What did the court decide?

Petitioner directed to produce certified divorce decree; committeeto decide pension entitlement within one month; payment to be concluded thereafter.

Sangita Sahu Vs the State of Assam and 5 Ors. — Pension and Retirement Benefits | Gauhati HC (2022)

¶1

Page No.# 1/5

¶2

GAHC010007662022

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : WP(C)/323/2022

¶5

SANGITA SAHU

¶6

W/O LATE RAMESH SAHU, R/O BORIGAON, WARD NO. 19, JORHAT, P.O.JORHAT-1, DIST- JORHAT, PIN-785001

¶7

VERSUS

¶8

THE STATE OF ASSAM AND 5 ORS REPRESENTED BY ITS THE SECRETARY TO THE GOVERNMENT OF ASSAM, FISHERIES DEPARTMENT, ASSAM, ASSAM SACHIVALAYA, DISPUR, GUWAHATI-6, PIN-781006

¶9

2:THE DIRECTOR OF FISHERIES ASSAM 5Q92 PLUS 22Q BISHNU RAVA NAGAR ULUBARI GUWAHATI-16 PIN-781016 3:THE EXECUTIVE ENGINEER DEPARTMENT OF FISHERIES ASSAM BIRUBARI GOPINATH NAGAR GUWAHATI-16 PIN-781016

¶10

4:THE DISTRICT FISHERIES DEV. OFFICER JORHAT JEC ROAD PUJA DUBI PIN-785001

¶11

Page No.# 2/5

¶12

5:THE ACCOUNTANT GENERAL ASSAM 4R 82 PLUS GVG MAIDAMGAON KRISHNAGAR BELTOLA TINIALI GUWAHATI ASSAM PIN-781029 6:MALA SAHU D/O LATE DULAL CHANDRA SAHU R/O CHUTIA KARI BLOCK NO. 7 NORTH LAKHIMPUR DIST-LAKHIMPU

¶13

Advocate for the Petitioner : MR. D K KOTOKY

¶14

Advocate for the Respondent : GA, ASSAM

¶15

BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

¶16

ORDER

¶17

13.06.2022

¶18

Heard Mr. DK Kotoky, learned counsel for the petitioner. Also heard Mr. CS Hazarika, learned Junior Government Advocate for the respondents No.1, 2, 3 and 4 being the authorities under the Fisheries Department, Government of Assam and Mr. RK Talukdar, learned counsel for the respondent No. 5 being the Accountant General, Assam, as well as Ms. P Bhattacharjee, learned counsel for the respondent No.6, Smti Mala Sahu.

¶19

The petitioner Sangita Sahu by claiming to be the wife of the deceased Ramesh Sahu who was working as a Mechanic in the Office of the Executive

¶20

Page No.# 3/5

¶21

Engineer, under the establishment of District Fishery Development Officer, Jorhat has instituted this writ petition claiming for family pension, and other pensionery benefits including the DCRG, gratuity, leave encashment, group insurance, GPF etc., on the death of her husband Ramesh Sahu and further to cancel/set aside the minutes of the meeting dated 22.09.2021.

¶22

The deceased Ramesh Sahu who was working as a Mechanic in the said department died on 22.12.2019. The petitioner claims that although she may be the second wife of the deceased, but her marriage was solemnized with the deceased after the deceased had divorced his first wife i.e., the respondent No.6 namely, Mala Sahu.

¶23

In this respect, the petitioner refers to the order dated 23.02.2006 of the learned Additional District Judge, Jorhat in Case No. (M) Title Suit No.42/2005 between the deceased and the respondent No.6. In the said order, it was observed that although notice was served, the respondent therein namely Mala Sahu had not contested the suit and accordingly the suit proceeded ex-parte. Accordingly, by accepting the ground of desertion from 07.11.1991, the learned Court allowed the prayer of the deceased Ramesh Sahu and accordingly a decree for dissolution of marriage between the deceased and the respondent No.6 was passed.

¶24

By referring to the decree of divorce between the deceased and the respondent No.6, the petitioner further refers to a certificate issued by the Secretary of Dimaruguri Gaon Panchayat of Lakhimpur district to claim that she

¶25

Page No.# 4/5

¶26

was married to the deceased Ramesh Sahu on 03.04.2008. Accordingly by referring to the said certificate of the Secretary of the Gaon Panchayat, the petitioner claims that at the time of the death of her husband Ramesh Sahu, she was the only surviving wife, therefore, she is entitled to the benefits of family pension.

¶27

The claim of the petitioner for compassionate family pension under the scheme as provided in the OM dated 14.09.2017 was placed and accordingly, the claim was considered by a committee comprising of the Executive Engineer of the Department of Fisheries, Assam as the Chairman. As per the minutes of the said committee dated 22.09.2021, both the petitioner and the respondent No.6 were heard. Although a proposal was put forthwith that the pensionery benefits would be equally shared by the two wives as well as the surviving children of the deceased Ramesh Sahu, but the writ petitioner Sangita Sahu had raised an objection that at the time of death of her husband, Ramesh Sahu, she was the only surviving wife, whereas the respondent No.6 was divorced in the year 2005 and accordingly not entitled to a portion of the family pension.

¶28

Upon such objection being raised, in the minutes of 22.09.2021, the Committee has decided not to take any final decision and urged upon the writ petitioner to approach the committee with a judgment of the Court which may indicate that there was a divorce between the deceased and the respondent No.6. The said resolution of the committee is also assailed in this writ petition. As the committee has not taken a final decision, but had required the petitioner to produce a copy of the judgment and order upon which she relies to insist that there was a divorce between the deceased and the respondent No.6, we

¶29

Page No.# 5/5

¶30

are of the view that no interference is required in the said minutes of the committee. Although the petitioner produces a copy of the judgment of divorce before this Court, we are of the view that ends of justice would be met if a copy of the same is produced before the aforesaid committee and upon the said judgment being produced, the committee would take a final decision on the entitlement of family pension and other pensionery benefits and determine as to which of the legal heirs of the deceased Ramesh Sahu would be entitled for family pension.

¶31

Upon taking a decision, the payment of pension be also brought to its logical end immediately thereafter. The decision be taken within a period of one month from the date of receipt of a certified copy of this order. The petitioner may along with also produce a certified copy of the judgment of divorce between the deceased and the respondent No.6 and as provided hereinabove, the committee would take a final decision in the matter.

¶32

Writ petition stands allowed in the above terms.

¶33

Comparing Assistant

Sangita Sahu v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Sangita Sahu v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Renumai Hazarika Vs the State of Assam and 5 Ors.

Anushri Roy Vs the State of Assam and 6 Ors.

Shaydur Islam Vs the State Level Committee and 5 Ors.

Rina Sonowal Vs the State of Assam and 7 Ors.

Niren Chandra Nath Vs the Assam Khadi and Vill. Industries Board and 2 Ors.

Dipankar Borah Vs the State of Assam and 4 Ors.