JAYMATI BRAHMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The subject matter of this writ petition is a claim for family pension. As per case projected, the petitioner is the first wife of one Pabin Chandra Brahma, who was working as an Assistant Teacher of the Sairabari L.P. School in the district of Mushalpur, who had retired from services in the year 2012. After such retirement, the husband of the petitioner was getting his pension and he had passed away on 18/9/2018.

(2.) It is the case of the petitioner that on such eventuality, the family pension is required to be paid to the petitioner, more so, when her name has been recorded as the nominee in the Service Book of the deceased government employee. It is the further case of the petitioner that her husband had entered into a second marriage with the respondent no. 6, which was however, during the subsistence of the marriage with her and it appears that certain documents which were in the custody of the respondent no. 6 were utilized and accordingly, the petitioner was deprived from the pensionary benefits.

(3.) I have heard Ms. G. Borah, learned counsel for the petitioner. I have also heard Ms. D. Das Barman, learned State Counsel for the official respondents and Ms. K. Devi, learned counsel for the respondent no. 6.