Omme Habiba Siddika v. the State of Assam and 5 Ors.

Gauhati HC8 Jun 2025WP(C)/4429/2024

Case brief

AI extract

What is this about?

Family pension; minor daughter; proportionate share; Assam Pension Rules 1969; Rule 143; Rule 143(iii); Deed of Settlement/agreement dated 03.08.2017; arrears cleared within 90 days; Rs. 5,000 per month; second wife; private respondent no. 6 Saheba Sultana; late Abu Bokkar Siddique died 16.03.2015; South Salmara-Mankachar; disposal at admission stage; mandamus; Gauhati High Court; WP(C)/4429/2024; Sanjay Kumar Medhi, J.; order dated 09.06.2025.

What did the court decide?

Writ petition disposed of at the admission stage: the parties' agreement (Deed of Settlement dated 03.08.2017) to be strictly adhered to; the petitioner's share of family pension to be paid regularly; and respondent no. 6 to clear the arrears mentioned in the agreement expeditiously, preferably within 90 days. ¶¶56

Omme Habiba Siddika Vs the State of Assam and 5 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, a minor daughter of the deceased government servant, is entitled to payment of her proportionate share of family pension, drawable separately through her natural guardian, as per the Pension Rules. +1 more

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Court's answer

Referring Rule 143 of the Pension Rules of 1969, the Court held that under Rule 143(iii) family pension is payable to only one member of an officer's family at a time, while at the same time recognising that the petitioner, being a minor daughter, has an entitlement recognised by the Rules.

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Ratio / Principle

In view of the developments and respondent no. 6's stand in the affidavit-in-opposition dated 28.05.2025, the Court held that the grievance expressed in the writ petition had been substantially redressed.

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Key takeaways

The Court closed the writ petition, directing that the agreement entered into by the parties be strictly adhered to and that the petitioner's share be paid regularly.ratio¶¶53
The Court further directed respondent no. 6 to clear the arrears mentioned in the agreement expeditiously and preferably within 90 days.ratio¶¶55

Detailed headnote1 paragraphs

The Gauhati High Court (Sanjay Kumar Medhi, J.), by order dated 09.06.2025 in WP(C)/4429/2024, disposed of a writ petition at the admission stage. The petitioner, a minor (Omme Habiba Siddika), daughter of late Abu Bokkar Siddique, a government servant who died on 16.03.2015, sued through her mother Shalina Khatun, the deceased's second wife, seeking a mandamus for payment of her proportionate share of family pension under the Assam Pension Rules, 1969 pursuant to a Deed of Settlement dated 03.08.2017, and continuation of Rs. 5,000 per month pending Rule. Private respondent no. 6 (Saheba Sultana), in her affidavit-in-opposition dated 28.05.2025, acknowledged past irregularities but asserted that the agreed amount was being paid regularly; petitioner's counsel conceded this while flagging residual arrears. Referring Rule 143 of the Pension Rules, 1969 — including Rule 143(iii), under which pension is payable to only one member of an officer's family at a time — the Court recognised the minor daughter's entitlement, found the grievance substantially redressed, and closed the petition, directing strict adherence to the agreement, regular payment of the petitioner's share, and clearance of arrears by respondent no. 6 preferably within 90 days.

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GAHC010178512024

2025:GAU-AS:7496

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

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Case No. : WP(C)/4429/2024

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OMME HABIBA SIDDIKA

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D/O- LT. ABU BOKKAR SIDDIQUE, VILL.- KODOMTOLI, P.O. HAZIRHAT, P.S.- SUKCHAR, DIST.- SOUTH SALMARA-MANKACHAR, ASSAM, PIN783128 (SINCE THE PETITIONER IS MINOR, IS REPRESENTED BY HER MOTHER/LEGAL GUARDIAN) SHALINA KHATUN AGED ABOUT 35 YEARS, W/O- LT. ABU BOKKAR SIDDIQUE, VILL.- KODOMTALI P.O. HAZIRHAT, P.S. SUKCHAR, DIST.- SOUTH SALMARA- MANKACHAR, ASSAM, PIN- 783128

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VERSUS

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THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-6

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2:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT GROUND FLOOR F BLOCK JANATA BHAWAN DISPUR GUWAHATI-6

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3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY-19

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4:DIRECTOR OF PENSION AND PUBLIC GRIEVANCE DEPTT. GOVT. OF ASSAM HOUSEFED COMPLEX DISPUR GHY- 781006 5:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA

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GHY-29

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6:SAHEBA SULTANA W/O- LT. ABU BOKKAR SIDDIQUE VILL AND P.O. SANTIPUKHURI P.S. CHIPAJHAR DIST.- DARRANG ASSAM PIN- 78414

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B E F O R E

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Hon’ble MR. JUSTICE SANJAY KUMAR MEDHI

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Advocate for the petitioners : Shri A. Z. Ahmed, Advocate.

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Advocates for respondents : Ms. D. Das Barman, GA,

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Shri B. Sarma, SC, Accountant General, Ms. P. Das, SC, Secondary Education. Shri A. Kakoti, Advocate, R-6.

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Date of hearing : 09.06.2025 Date of judgment : 09.06.2025

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ORDER

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Heard Shri A. Z. Ahmed, learned counsel for the petitioner. Also heard Ms. D. Das Barman, learned GA, Assam; Shri B. Sarma, learned Standing Counsel, AG and Ms. P. Das, learned Standing Counsel, Secondary Education Department.

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2. Shri A. Kakoti, learned counsel is present for the respondent no. 6, who has also filed affidavit-in-opposition.

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3. Considering the subject matter and the stand taken by the private

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respondent in the affidavit-in-opposition filed on 28.05.2025, the instant petition is taken up for disposal at the admission stage itself.

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4. The writ petition has been instituted with the following prayer:“In the premises aforesaid, it is most respectfully prayed that Your Lordships may graciously be pleased to admit this petition, call for the records and issue Rule calling upon the Respondents to show cause as to why a writ of Mandamus or any other appropriate writ of like nature shall not be issued directing the Respondent authorities to pay the proportionate share of the family pension to the minor dependant daughter of the petitioner as per Pension Rule till date of finalization of family pension and further direct respondent authorities to make necessary arrangement to enable the minor dependant daughter of the petitioner to draw her proportionate share of family pension amount separately through her natural guardian and on cause/causes if any being shown, on perusal of records and upon hearing the parties the Rule may be made absolute and/or may be pleased to pass any order or further orders or direction as this Hon'ble Court may deem fit and Proper in the facts and circumstances of this case.

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AND

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Pending Rule Your Lordship may be pleased to direct the Private Respondent No.6 to continue to pay the monthly Rs.5,000/-(five thousand) per month to the minor daughter of the petitioner as a share of family pension as per agreement dated 03.08.2017 in the interest of Justice.

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And for this act of kindness the Petitioner as in duty bound shall ever pray.”

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5. It is the case of the petitioner that she is the daughter of late Abu Bokkar Siddique, who was a government servant and serving as Subject Teacher in the

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Hazirhat HS School in the district of South Salmara, Mankachar.

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6. The petitioner, who is a minor and representing by her mother has however disclosed that her mother is the second wife of the late government servant, who had passed away on 16.03.2015. As regard the family pension, it is the case of the petitioner that there was a Deed of Settlement dated 03.08.2017 as per which a portion of the family pension was to be paid to the petitioner as she is also entitled to such family pension as per the Assam Pension Rules of 1969 .

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7. Shri Ahmed, the learned counsel has submitted that in spite of the aforesaid Deed dated 03.08.2017, the portion agreed to be given to the petitioner was not paid regularly and there were also arrears.

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8. Shri Kakoti, the learned counsel for the respondent no. 6 by drawing the attention of this Court to the affidavit-in-opposition filed on 28.05.2025 has however submitted that though there were some irregularities in making the aforesaid payment, the same has been taken care of and the amount agreed is being regularly paid to the petitioner.

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9 . Shri Ahmed, learned counsel, on the other hand, though had admitted to the aforesaid aspect has contended that certain arrears are still pending.

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10. In view of the aforesaid development and also the stand of the respondent no. 6 taken in the aforesaid affidavit filed on 28.05.2025, this Court is of the view that the grievance of the petitioner has expressed in the writ petition has been substantially redressed.

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11 . At this stage, the Pension Rules of 1969 are required to be referred. Rule 143 defines Family to include the following:

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a. Wife, in case of male officer.

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b. Husband, in case of female officer.

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c. Minor sons.

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d. Unmarried minor daughters.

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As per Rule 143 (ii), the pension will be admissible to:

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a. In case of a widow/widower up to the date of death or remarriage whichever is earlier.

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b. In case of minor son, till he attains the age of 18 years.

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c. In case of unmarried daughters till she attains the age of 21 years or marriage whichever is earlier.

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Rule 143 (iii) reads as follows:

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“Pension awarded under the rules in this Section will not be payable to more than one member of an officer’s family at the same time. It will first be admissible to the widow/ widower and thereafter to the minor children.”

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12 . From the aforesaid provisions of law, more particularly Rule 143 (iii), the payment has to be made only to one member. At the same time, since the status of the petitioner is a minor daughter, her entitlement is also recognised by the Rules.

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13 . This writ petition is accordingly closed by directing that the agreement entered into by the parties be strictly adhered to and the share of the petitioner be paid regularly. It is further directed that the arrears which have been

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mentioned in the agreement be cleared by the respondent no. 6 expeditiously and preferably within a period of 90 days from today.

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14 . Writ petition accordingly stands disposed of.

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JUDGE

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Comparing Assistant

Omme Habiba Siddika v. the State of Assam and 5 Ors.

Case brief

What is this about?

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Omme Habiba Siddika v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

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What the court decided

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Procedural history

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