BIMALA MALO Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J.I. Borbhuiya, learned counsel for the petitioner. Also heard Mr. N.J. Khataniar, learned Standing Counsel, Elementary Education Department, for the respondent nos. 1, 4, 7 and 9 Mr. P. Saikia, learned Government Advocate, Assam, for the respondent nos.3 and 8, Mr. S.K. Chakraborty, learned counsel for the respondent no.6, Mr. A. Deka, learned counsel for the respondent no.11, Ms. J. Das, learned counsel for the respondent no.5 and Mr. A. Chaliha, learned Standing counsel, Finance Department for the respondent no.2 and 10.

(2.) This writ petition is filed by the petitioner claiming for grant of family pension payable to her in view of services rendered by her late husband Govinda Chandra Malo, who was working as an Assistant Teacher in Fatik Chandra Sarkar M.E. School, Sonduba under Lahorighat Block Elementary Education, Morigaon. The husband of the petitioner expired on 20/11/2021 during his service period, leaving behind the petitioner and their two daughters and one son. The petitioner has supported her claim by placing reliance on the death certificate dtd. 24/3/2022 of her husband as well as the next of kin certificate issued on 4/2/2022 (Annexure-4 of the writ petition) by the Office of the Deputy Commissioner, Morigaon, showing the petitioner as the wife and her two daughters and one son as the next of kin of late Govinda Chandra Malo. According to the petitioner, in spite of applications made, the claims of the petitioner have not been granted.

(3.) Learned counsel for the petitioner submits that in spite of the representations being made before the respondent authorities, the pension proposal has not been forwarded and as a result, the family pension has not been released to the petitioner till date.