Khirud Boruah Vs the State of Assam and 9 Ors.

THE STATE OF ASSAM AND 9 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI-6

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2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 DISTRICT- KAMRUP (M) ASSAM 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR DISTRICT- LAKHIMPUR ASSAM PIN- 787001

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4:THE DEPUTY INSPECTOR OF SCHOOLS DHAKUAKHANA P.O. AND P.S. DHAKUAKHANA DISTRICT- LAKHIMPUR ASSAM PIN- 787055

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5:THE PRINCIPAL ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI-28 6:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI-6 DISTRICT- KAMRUP (M) ASSAM

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7:SRI GHANAKANTI BORUAH DAUGHTER OF LATE GHEGURAM BORUAH RESIDENT OF VILLAGEGUWAL GAON P.O. GOBINDAPUR P.S. DHAKUAKHANA DISTRICT- LAKHIMPUR ASSAM PIN- 787055

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8:SRI THANESWAR BORUAH

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SON OF LATE GHEGURAM BORUAH RESIDENT OF VILLAGE- GUWAL GAON P.O. GOBINDAPUR P.S. DHAKUAKHANA DISTRICT- LAKHIMPUR ASSAM PIN- 787055

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9:SRI HEMAPROVA BORUAH WIFE OF PREM BORUAH RESIDENT OF VILLAGE- DEOLIA GAON P.O. GOBINDAPUR P.S. DHAKUAKHANA DISTRICT- LAKHIMPUR ASSAM PIN- 787055

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10:SRI LABANYA BORUAH WIFE OF LALIT DUWARA RESIDENT OF VILLAGE- KATHBARI GAON P.O. AND P.S. DHAKUAKHANA DISTRICT- LAKHIMPUR ASSAM PIN- 78705

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Advocate for the Petitioner : MR. N BORAH, N AHMED,MR M.J. BHARALI

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Advocate for the Respondent : SC, AG, NAYANMONI KALITA (r-7,8,9),MS. S PHUKAN (r7,8,9),GA, ASSAM,SC, ELEM. EDU

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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07.04.2025

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Heard Mr. N. Borah, learned counsel for the petitioner. Also heard Ms. S. Chutia, learned counsel for the respondent Nos.1-4 and Ms. S. Sarma, learned counsel for the respondent No.5. No one appears for the respondent Nos. 7 to 10, though an affidavit has been submitted on behalf of the respondent Nos. 7 to 10.

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The petitioner is the younger brother of Late Jiten Boruah, who died on 30.01.2019, while working as an Upper Division Assistant in the office of the Deputy Inspector of Schools, Dhakuakhana, Lakhimpur. The petitioner’s case is that his deceased brother was unmarried and that their mother and father had expired. Further, the case of the petitioner is that he has got two other brothers and two sisters, who are the respondent Nos.7 to 10. He submits that though the respondent Nos.7 to 10 have submitted an affidavit on 04.06.2024, which is to the effect that they being the legal heirs of their brother Late Jiten Boruah, they are also equally entitled to get the service benefits of Late Jiten Boruah along with the petitioner, inasmuch as, they are unemployed and were maintained by their brother.

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The petitioner’s counsel submits that the petitioner has no problem in

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dividing the service benefits of his late brother equally with the respondent Nos.7 to 10. As such, the respondent authorities should be directed to examine the case of the petitioner and the respondent Nos.7 to 10, for grant of the service benefits of their late brother and thereafter, grant them an equal share of the service benefits.

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Ms. S. Chutia, learned counsel for the respondent Nos.1-4 submits that no “next of kin certificate” has been submitted by the petitioner, either in this writ petition or before the DEEO, Lakhimpur, to show that the petitioner and the respondent Nos.7 to 10 are the siblings of the Late Jiten Boruah. She also submits that with regard to the service benefits of the Late Jiten Boruah, the petitioner herein and the petitioner’s niece had moved the Court of the learned Munsiff No.2, North Lakhimpur against Ghanakanti Boruah. As such, the issue should be decided by the learned Civil Court. Further, the petitioner and the respondent No.7 had claimed the pensionary benefits of their late brother separately. However, in the absence of a “next of kin certificate”, nothing could be released to the alleged siblings.

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Mr. N. Boruah, learned counsel for the petitioner submits that Title Suit (D) No.02/2020, which had been filed by one Gautam Boruah against the respondent No.7 and others in the Court of the learned Munsiff No.2, North Lakhimpur, had been dismissed due to the plaintiff being absent without any steps. The petitioner’s counsel submits that Gautam Boruah is the son of one of the sisters of the petitioner.

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I have heard the learned counsels for the parties.

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The question with regard to whether the petitioner and the respondent Nos.7 to 10 are the siblings of the Late Jiten Boruah and whether they are entitled to any service benefits of the Late Jiten Boruah are all questions of facts, which in the view of this Court, can be decided by the authorities after hearing all the parties. Consequently, the respondent No.3 shall take a decision as to whether the petitioner and the respondent Nos.7 to 10 are the siblings of the Late Jiten Boruah, whose parents have allegedly expired. The respondent No.3 shall also take a decision as to whether the petitioner and the respondent Nos.7 to 10 are entitled to any of the service benefits of the Late Jiten Boruah. If they are entitled to the same, it should be disbursed to the parties. The same should be done only after giving an opportunity of hearing to all the parties herein. The “next of kin certificate” issued by the concerned District Commissioner in relation to the Late Jiten Boruah should also be submitted by the parties. The respondent No.3 shall take a decision with regard to the above directions, within a period of 3(three) months from the date of receipt of a certified copy of this order, along with a copy of the writ petition. If the State respondents are unable to come to a finding and/or take a decision, the parties may approach the Civil Court with their grievance.

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8. The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Khirud Boruah v. the State of Assam and 9 Ors.

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Khirud Boruah v. the State of Assam and 9 Ors.

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