Disposed¶34

Panchabati Devi v. Gauhati University and 4 Ors.

Gauhati HC15 Jun 2026WP(C)/2687/2024

Case brief

AI extract

What is this about?

family pension; Gauhati University; widow / legal heir; late Atul Chandra Sarma; Assistant Registrar retired 31.03.1997; death 30.01.2022; representations not considered; direction to Registrar to decide representation per applicable Rules; 15 days to file representation; one-month completion timeline; writ petition disposed; Gauhati High Court; W.P.(C)/2687/2024; Kardak Ete; pension/service matter

What did the court decide?

Writ petition disposed of with directions: petitioner to file fresh representation with all relevant documents within 15 days; Registrar, Gauhati University to consider and dispose of the representation for grant of family pension in accordance with the applicable Rules; entire exercise to be completed within one month of receipt of the representation. ¶34

Panchabati Devi Vs Gauhati University and 4 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, as the legally wedded wife and legal heir of late Atul Chandra Sarma, a retired Gauhati University employee who died on 30.01.2022, is entitled to family pension, and whether the respondent authorities should be directed to consider her claim.

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Court's answer

The Court held that the authorities are required to examine the petitioner's grievance for grant of family pension in accordance with the applicable Rules, recording its view that the petitioner, being the legal heir, would be entitled to family pension on her husband's demise.

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Ratio / Principle

The petitioner was directed to file a fresh representation with all relevant documents within 15 days from the date of the order.

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Key takeaways

On receipt of the representation, the Registrar, Gauhati University along with the respondent authorities shall consider and dispose of the representation for grant of family pension in accordance with the applicable Rules.ratio¶32
The entire exercise as directed shall be completed within one month from the date of receipt of the petitioner's representation.ratio¶33

Detailed headnote1 paragraphs

Gauhati High Court (W.P.(C)/2687/2024, Kardak Ete, J.; order dated 16.06.2026): Widow of late Atul Chandra Sarma, a former Assistant Registrar of Gauhati University who retired on superannuation on 31.03.1997 and received pension until his death on 30.01.2022, petitioned for release of family pension; repeated representations went unconsidered. Holding that the petitioner as legal heir would be entitled to family pension, the Court disposed of the writ petition directing her to file a fresh representation with all relevant documents within 15 days, and requiring the Registrar, Gauhati University to consider and dispose of it in accordance with the applicable Rules, completing the exercise within one month of receipt.

Page No.# 1/4

GAHC010100172024

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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)/2687/2024

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PANCHABATI DEVI WIFE OF LATE ATUL CHANDRA SARMA, FORMER ASST. REGISTRAR (RETD.), GAUHATI UNIVERSITY, R/O- AZARA, PROFESSOR COLONY II, KONAPARA, GUWAHATI- 781017.

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VERSUS

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GAUHATI UNIVERSITY AND 4 ORS GOPINATH BORDOLOI NAGAR, GUWAHATI- 781014, REPRESENTED BY ITS REGISTRAR.

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2:THE REGISTRAR GAUHATI UNIVERSITY GOPINATH BORDOLOI NAGAR GUWAHATI- 781014.

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3:THE VICE CHANCELLOR GAUHATI UNIVERSITY GOPINATH BORDOLOI NAGAR GUWAHATI- 781014.

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4:THE TREASURER GAUHATI UNIVERSITY GOPINATH BORDOLOI NAGAR GUWAHATI- 781014.

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5:THE SECRETARY GAUHATI UNIVERSITY PENSIONERS ASSOCIATION GAUHATI UNIVERSITY CAMPUS GUWAHATI- 781014

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Advocate for the Petitioner : MR. S C KEYAL,

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Advocate for the Respondent : SC, G U,

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BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

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ORDER

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Date : 16.06.2026

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Heard Mr. S.C. Keyal, learned senior counsel assisted by Ms. R. Hussain, learned counsel for the petitioner. Also heard Mr. P.J. Phukan, learned Standing Counsel, Gauhati University appearing for the respondents.

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2. The petitioner has filed this writ petition seeking a direction to the respondent authorities to release the family pension in respect of her late husband, late Atul Chandra Sarma, who died on 30.01.2022.

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3 . The husband of the petitioner was an employee of Gauhati University. He served in different capacities finally as Assistant Registrar and retired from service on 31.03.1997 on attaining the age of superannuation.

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4 . After retirement, he was receiving pension till his demise i.e., on 30.01.2022. After his death, the petitioner approached the respondent University seeking grant of family pension in respect of her deceased husband. She also submitted several representations before the authorities.

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5. The learned senior counsel for the petitioner submits that it is not in dispute that the petitioner is the wife of late Atul Chandra Sarma, who was an employee of Gauhati University and was receiving pension after retirement till his demise i.e., on 30.01.2022. It is submitted that the petitioner, being the legally wedded wife and legal heir, is entitled to family pension, and therefore

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denial of the same is arbitrary and illegal.

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6 . Mr. P.J. Phukan, learned Standing Counsel submits that as per applicable Rules, the claimant for family pension has to establish that he or she is the legal heir of the deceased employee and was dependent on the deceased employee. He submits that nomination in the service records is also relevant aspect. However, he fairly submits that the petitioner’s claim appears to have not been considered and decided, and therefore, appropriate direction may be issued to consider her representation.

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7. Upon consideration of the submissions of the learned counsel for the parties and perusal of the materials on record, it appears that the petitioner is the legally wedded wife of late Atul Chandra Sarma, who was an employee of Gauhati University. After his retirement, the deceased husband of the petitioner was receiving pension till his demise, i.e., on 30.01.2022. The petitioner has approached the University several times for grant of family pension, but the authority has not considered her claim.

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8 . Having considered above and as agreed by learned counsel for the parties, I am of the view that the authorities are required to examine the petitioner’s grievance for grant of family pension in accordance with the applicable Rules as the petitioner who is the legal heir of late Atul Chandra Sarma, would be entitled for family pension on the demise of her husband.

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9. Thus, it would be appropriate, in the interest of justice to dispose of the writ petition with a direction to the respondent authorities to consider the grievance of the petitioner.

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10 . Accordingly, the petitioner is directed to file fresh representation with all the relevant documents within a period of 15 (fifteen) days from today. On receipt of the

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representation of the petitioner, the respondent authorities particularly, the Registrar, Gauhati University shall consider and dispose of the representation for grant of family pension in accordance with the applicable Rules.

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11 . The entire exercise as directed above shall be completed within a period of 1 (one) month from the date of receipt of the representation that would be filed by the petitioner.

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Writ petition stands dispose of accordingly.

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JUDGE

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Comparing Assistant

Panchabati Devi v. Gauhati University and 4 Ors.

Case brief

What is this about?

What did the court decide?

Panchabati Devi v. Gauhati University and 4 Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

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