Halima Begum v. the State of Assam and Othrs

Gauhati HC3 May 2026WP(C)/1584/2026

Case brief

AI extract

What is this about?

Family pension — two widows of deceased Assistant Teacher — Rule 143, Assam Services (Pension) Rules, 1969 — eldest surviving widow entitled, to receive as trustee for eligible members — bond for sharing pension between widows — directions to Director of Elementary Education, Assam — WP(C)/1584/2026 disposed of (Gauhati High Court, Nelson Sailo, J., 04.05.2026).

What did the court decide?

Direction to the Director of Elementary Education, Assam (respondent No. 2) to call the petitioner and respondent No. 6 for execution of a bond recording their respective shares of the family pension, and to take necessary steps in accordance with law within two months from receipt of a certified copy of the Order. ¶¶33

Halima Begum Vs the State of Assam and Othrs — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondent authorities were bound to grant family pension to the petitioner in terms of the Order dated 30.12.2024, notwithstanding the competing claim of respondent No. 6. +1 more

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Court's answer

The issue concerning the family pension has already been decided by this Court as well as by the Department of School Education, Assam through the Order dated 30.12.2024; no fresh adjudication of entitlement is called for.

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Ratio / Principle

The Director of Elementary Education, Assam (respondent No. 2) shall call both the petitioner and respondent No. 6 for execution of a bond recording how much of the family pension would be shared between them, so that the benefit of family pension can be given without further delay.

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Key takeaways

Respondent No. 2 shall take necessary steps in accordance with law within two months from the date of receipt of a certified copy of the Order.ratio¶¶32

Detailed headnote1 paragraphs

Gauhati High Court (Nelson Sailo, J.), Order dated 04.05.2026 in WP(C)/1584/2026 — disposed of. Halima Begum, first wife of Late Sadullah Mia (Assistant Teacher (Hindi), Joybhum M.E. School, Goalpara, who died in harness on 23.02.2013), complained that family pension remained unpaid despite the Order dated 30.12.2024 of the Secretary, Department of School Education, under which she, as eldest surviving widow, is entitled to receive the pension as trustee for all eligible members including the second wife, Sofia Begum (respondent No. 6). The entitlement traced to the Common Order dated 06.12.2023 in the second wife's writs (WP(C) Nos. 6259 of 2022 and 5613 of 2023), founded on the Notification dated 09.08.2018 amending Rule 143 of the Assam Services (Pension) Rules, 1969, rendered in view of the Full Court decision in Mustt Junufa Bibi Vs. Mustt Padma Begum @ Padma Bibi & 4 Ors., (2023) 5 GLR 824. Noting that the Director of Pension, Assam had written to the Department of Elementary Education and the Treasury Officer, Goalpara, the Court directed respondent No. 2 (Director of Elementary Education, Assam) to call both widows for execution of a bond recording their agreed shares of the family pension and to complete necessary steps within two months of receipt of a certified copy of the Order.

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GAHC010053532026

2026:GAU-AS:6014

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

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Case No. : WP(C)/1584/2026

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HALIMA BEGUM

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W/O-LATE SADULLAH MIAH, R/O VILL.-JOYBHUM, P/O- JOYBHUM, P/SLAKHIPUR, DIST-GOALPARA, ASSAM, PIN-783129

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VERSUS

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THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF DEPARTMENT OF SCHOOL EDUCATION ELEMENTARY, ASSAM, DISPUR, GHY 6

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2:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY 19

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3:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GHY 6

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4:THE TREASURY OFFICER GOALPARA TREASURY OFFICE GOALPARA DIST GOALPARA ASSAM

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5:THE DISTRICT ELEMENTARY EDUCATION OFFICER GOALPARA DIST GOALPARA ASSAM

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6:SOFIA BEGUM WO LT SUDDULLAH MIAH RO VILL JAYBHUM PO CHUNARI PS LAKHIPUR DIST GOALPARA ASSAM PIN 78312

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Advocate for the Petitioner : MR. J ABBAS, SK ABDULLAH,MS P BORA

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Advocate for the Respondent : SC, EDU, SC, FINANCE,GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE NELSON SAILO

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ORDER

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Date : 04.05.2026

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Heard Mr. J. Abbas, learned counsel for the petitioner. Also heard Mr. P. Saikia, learned Government Advocate for the State respondents and Ms. S. Chutia, learned Standing Counsel for the Elementary Education Department, Govt. of Assam.

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[2.] Having regard to the nature of grievance projected by the petitioner, the writ petition is taken up for disposal at this stage.

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[3.] The petitioner and the respondent No. 6 are the first & second wives of Late Sadullah Mia respectively who died-in-harness on 23.02.2013 while serving as an Assistant Teacher (Hindi) at Joybhum M. E. School under the jurisdiction of District Elementary Education Officer, Goalpara.

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[4.] The respondent No. 6, initiated two (2) writ petitions i.e. WP(C) No. 6259 of 2022 and WP(C) No. 5613 of 2023, claiming family pension and other pensionary benefits. Both the writ petitions were taken up together and disposed of vide a

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Common Order dated 06.12.2023 by relying upon the Notification Dated 09.08.2018 by which Rule 143 of Assam Services (Pension) Rules, 1969 (in short Pension Rules) was amended in view of the Full Court decision rendered in Mustt Junufa Bibi Vs. Mustt Padma Begum @ Padma Bibi & 4 Ors., reported in (2023) 5 GLR 824. Rule 143 of the Pension Rules in short provides that the family pension shall be paid to the eldest eligible member of the family, who shall divide the same equally among other eligible members. The respondent authorities were accordingly to take a decision in the matter and as directed the Secretary to the Government of Assam, Department of School Education vide Order dated 30.12.2024 decided that the instant petitioner being the eldest surviving widow is entitled to the family pension but the family pension received by her would be received as a trustee for all such persons who are eligible to the family pension including the respondent No. 6. In other words, the petitioner would be liable to maintain the respondent No. 6, failing which the respondent No. 6 would be entitled to seek relief in accordance with law.

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[5.] The learned counsel submits that despite the Order dated 30.12.2024, the respondent authorities have failed to grant any family pension to the petitioner till date and therefore she is before this Court through the instant writ petition.

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[6.] When the matter was listed on 18.03.2026, Mr. P. Saikia, learned Government Advocate, for the State was asked to obtain instructions in the matter.

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[7.] Today, he submits that the Director of Pension, Assam has written to the Department of Elementary Education, Assam as well as to the Treasury Officer of Goalpara to take necessary steps in accordance with the Court’s direction dated 06.12.2023 so that the Director of Pension, Assam can take necessary action.

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[8.] It is therefore noticed from the above developments that the issue has already been decided by this Court as well as by the Department of School

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Education, Assam through the Order dated 30.12.2024. As such, the Director of Elementary Education, Assam (respondent No. 2) shall call both the petitioner as well as the respondent No. 6 for execution of a bond by them as to how much of the family pension would be shared between them so that the benefit of family pension can be given to the parties without further delay. The respondent No. 2 shall therefore take necessary steps in accordance with law within a period of two (2) months from the date of receipt of a certified copy of this Order.

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[9.] With the above observations and directions, writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Halima Begum v. the State of Assam and Othrs

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Halima Begum v. the State of Assam and Othrs

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