RANGMALA ROY NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Gogoi, learned counsel for the petitioner. Also heard Mr. A. Chetry, learned standing counsel, Pension and Public Grievances Department appearing for respondent No. 8, Mr. K.M. Haloi, learned counsel appearing for respondent No. 7, Mr. G. Baishya, learned standing counsel, Accountant General, Assam appearing for respondent No. 6, Mr. N. Goswami, learned State counsel appearing for respondent Nos. 4 and 5 and Mr. C. Bhattacharyya, learned standing counsel, Education (Secondary) Department appearing for respondent Nos. 1, 2 and 3.

(2.) One Baneswar Nath, who was an Assistant Teacher in Ballamguri High School, expired on 5.5.2014.

(3.) The petitioner claims that she was married to Baneswar Nath as per Hindu rites and rituals in the year 1982 and out of their wedlock, four children were born. After expiry of her husband she applied for family pension and other retirement benefits. An application for grant of legal heir certificate was filed by her. In the process she came to learn that respondent No. 7 had also staked her claim as a wife of late Baneswar Nath and she had also filed an application for obtaining a legal heir certificate. After an enquiry, the respondent No. 4 had issued a legal heir certificate dated 1.9.2014 showing the petitioner and the respondent No. 7 as the first and second wife, respectively.