Dismissed

Hazira Begom Barbhuiya v. the State of Assam and 8 Ors.

Gauhati HC7 Feb 2024WP(C)/2008/2023

Case brief

AI extract

What is this about?

The petitioner, the first wife of a deceased government servant, sought writ relief for pensionary and retiral benefits. An agreement was reached allowing the second wife to receive a share for maintenance. The court permitted withdrawal of the petition, directing the authorities to release the pension to the petitioner, while noting the second wife could claim maintenance elsewhere.

What did the court decide?

Writ petition dismissed on withdrawal; authorities directed to release pension and retiral benefits to the petitioner.

Hazira Begom Barbhuiya Vs the State of Assam and 8… — Maintenance and Alimony | Gauhati HC (2024)

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Page No.# 1/4

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GAHC010075682023

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

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Case No. : WP(C)/2008/2023

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HAZIRA BEGOM BARBHUIYA

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W/O- LATE SALIM AHMED BARBHUIYA, R/O- VILLAGE- DHANEHARI PART-II, P.O. SILDUBI, P.S. SONAI, DIST.- CACHAR (ASSAM), PIN- 788112

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VERSUS

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THE STATE OF ASSAM AND 8 ORS

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REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM IN THE DEPTT. OF ELEMENTARY EDUCATION, ASSAM SECRETARIAT, DISPUR, GHY-781006

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2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM IN PENSION AND PUBLIC GRIEVANCES DEPTT. BLOCK- A 2ND FLOOR ASSAM SECRETARIAT DISPUR GUWAHATI- 781006 3:THE PRINCIPAL ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI- 781029 4:THE DIRECTOR DIRECTORATE OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019 5:THE DIRECTOR

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Page No.# 2/4

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DIRECTORATE OF PENSION ASSAM HOUSEFED COMPLEX CENTRAL BLOCK 6TH FLOOR BELTOLA ROAD HOUSEFED GUWAHATI- 781006 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER CACHAR SILCHAR PIN- 788003 7:THE BLOCK ELEMENTARY EDUCATION OFFICER NARSINGPUR CACHAR PIN- 788115 8:HAFIZA BEGAM BARBHUIYA W/O- LATE SALIM AHMED BARBHUIYA R/O- VILL- DHANEHARI PART-II P.O.SILDUBI P.S. SONAI DIST.- CACHAR (ASSAM) PIN- 788112 9:THE BRANCH MANAGER STATE BANK OF INDIA NARSINGPUR BRANCH CACHAR PIN- 78811

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Advocate for the Petitioner : MR. O LASKAR

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Advocate for the Respondent : SC, ELEM. EDU

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Page No.# 3/4

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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Date : 08.02.2024

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Heard Mr. O. Laskar, learned counsel for the petitioner. Also heard Mr. K. A. Mazumder, learned counsel for respondent No.8 and Mr. R. K. Talukdar, learned standing counsel, Accountant General.

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The learned counsel for the petitioner submits that an agreement is arrived at between the petitioner and the respondent No.8, who claims to be the second wife of late Salim Ahmed Barbhuiya. The petitioner is the first wife of late Salim Ahmed Barbhuiya.

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It is submitted by the learned counsel for the petitioner that both the petitioner and respondent No.8 have come to terms and the petitioner has agreed to share a portion of the pensionary and retiral benefits with the respondent No.8 for her maintenance.

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The petitioner therefore does not wish to press the writ petition any further.

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While permitting the writ petition to be withdrawn, it is also made clear that if the respondent No.8 has any further grievance, then she may approach any the appropriate forum towards her claim for maintenance as has been held in the Judgment rendered by the Full Bench of this Court in Junufa Bibi Vs Padma Begum (Mustt) and Ors reported in 2023 (1) GLT (FB) 736.

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Writ petition is accordingly, stands dismissed on withdrawal.

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It is submitted that PPO has already been issued therefore, the authorities

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Page No.# 4/4

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are now duty bound to release the pension payable to the petitioner No.1 and

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all other retiral benefits as payable.

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JUDGE

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Comparing Assistant

Hazira Begom Barbhuiya v. the State of Assam and 8 Ors.

Case brief

What is this about?

What did the court decide?

Hazira Begom Barbhuiya v. the State of Assam and 8 Ors.

Case brief

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What the court decided

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