JAMILA KHATUN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.J. Atia, learned counsel for the petitioner. Also heard Mr. J. Abedin, learned Standing Counsel, Elementary Education Department; Mr. A. Chetry, learned Standing Counsel, Pension Department and Mr. R. Borpujari, learned Standing Counsel, Finance Department, for the respondents.

(2.) In this petition, the only issue raised is that the petitioner is the second wife of one late Abdus Sattar Mollah, who was serving as an Assistant Teacher in Baraibari M.E. School under the District Elementary Education Officer, Dhubri, who died on 9.8.2006, while in service. Since the said Abdus Sattar Mollah married twice, namely the petitioner and one Shakhitan Nessa, as provided under the Assam Service Pension Rules, 1969, the family pension was being proportionately shared by the petitioner and the said Shakhitan Nessa. It has been further submitted that the said Shakhitan Nessa was the first wife of Abdus Sattar Mollah and the pension authorities had issued the PPO in her name which was being proportionately shared by the petitioner and the said Shakhitan Nessa died on 25.4.2016. Thus, after the death of Shakhitan Nessa on 25.04.2016, the petitioner being the sole surviving wife would be the sole recipient of the family pension also in respect of the service rendered by the aforesaid Abdus Sattar Mollah. The facts that the said Shakhitan Nessa was the first wife and she has died are not in dispute. Accordingly, the petitioner would be entitled to the family pension as the sole surviving wife of the aforesaid Abdus Sattar Mollah.

(3.) Accordingly, it is directed that P.P.O. be prepared in the name of the petitioner after making necessary verification and the pensionary benefit be granted to the petitioner. This exercise be undertaken by the Respondent No.2.