SOMELA KHATUN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K.R. Patgiri, learned counsel for the petitioner as well as Ms. M. Bhatta-charjee, learned counsel representing respondent nos. 1, 3, 4 and 6. Also heard Mr. U.K. Nair, learned counsel representing respondent nos. 2 and 5 whereas respondent no. 7 is represented by Mr. A. Hussain, Advocate.

(2.) The petitioner is the second wife of Late Abul Kashem Miah. Her husband, who served as Tax Collector of Ruposhi Anchalik Panchayat and Uttar Titapani Gaon Panchayat, retired from service on 31.01.2002 and eventually suffered demise on 22.11.2009. Grant of family pension was claimed by the first wife but in view of certain errors, the same was returned back to the Office of the Chief Executive Officer, Barpeta Zila Parishad, Barpeta. In the year 2015 and by Representation dated 13.05.2015, the petitioner claimed pensionary benefits as well as monthly family pension in equal share with that of the first wife of the deceased Abul Kashem Miah. The Representation made to the Chief Executive Officer, Barpeta Zila Parishad on 13.05.2015 did not reach any conclusion. Constrained thus, the petitioner instituted the present proceedings.

(3.) Claim for proportionate share of the pensionary benefits as well as monthly family pension is made on the basis of the Division Bench judgment of this Court in the case of Surajan Nessa Vs. State of Assam and Ors., reported in 2011 (4) GLT 751. Mr. Patgiri submits that in the said case the second wife was made entitled to proportionate family pension. Strong reliance is placed in paragraph 18 of the judgment in support of the petitioner's case.