Minu Begum v. The Union of India and 4 Ors

ORDER

06.03.2024

Heard Mr. A.A.R. Karim, learned counsel for the petitioner. Also heard Mr. P.S. Lahkar, learned CGC for the respondents.

¶2The petitioner claims to be the wife of one late K Ibomcha Singh who subsequently converted into Mohammedan religion and change his name to Md. Imran Ali. He was an Ex-CRPF personnel having personnel No.751120089 (84CRPF). Late husband of the petitioner submitted his voluntary retirement on

29.03.1999 and was receiving his pension regularly till his death. The Page No.# 3/5 petitioner's husband died on 19.08.2020. It is the claim of the petitioner that she being the wife of late Imran Ali, her name was required to be incorporated as a nominee in the pension papers. However, in spite of representing her prayer before the respondent authorities, the same has not been done and being aggrieved, the present writ petition has been filed. 3] Upon careful perusal of the papers available along with the writ petition it is seen that there is a communication issued in the month of July, 2020 by the DIG GC, CRPF, Pinjore. Letter was addressed to the late husband of the petitioner as he then was. The subject is with regard to the change of the nominee. In the said letter it is seen that the petitioner's late husband had declared one K. Momon Devi (Vill-Panshang, Leikai, P.O.-Moirang, State-Manipur) as his wife and further with effect from 29.03.1999 the late husband of the petitioner was removed from service after departmental enquiry and not by way of voluntary retirement and no such records are available with regard to his marriage of the present petitioner with her late husband. Accordingly, the request for change of nominee by the late husband of the petitioner was rejected. 4] In the present writ petition besides averments made in the petition, no documents are found to be enclosed. There is no document which supports the Page No.# 4/5 contention of the petitioner that she was the wife of Late K Ibomcha Singh @ Imran Ali. No marriage certificate has been issued. No kabilnama has been annexed to the writ petition. Although the learned counsel for the petitioner submits that marriage certificate is available but the same is not enclosed to the writ petition. The copies of the voter ID as well as the Adhar Card, however, reflect the name of the husband of the petitioner as Imran Ali. 5] Accordingly, at this stage this Court is not inclined to pass any order directing any family pension to be issued to the writ petitioner. However, the petitioner is given a liberty to approach the authorities to file the necessary application in support of her contention that she is the legally wedded wife of late K Ibomcha Singh @ Imran Ali and if such documents in support of her contentions are made available before the concerned authorities, the authority will consider the same and pass appropriate order deciding on the claim of the family pension of the writ petitioner. The application be filed before the respondent no.5, the Deputy Inspector General of Police, within a period of 15 (fifteen) days from the receipt of the certified copy of this order. The concerned authority shall thereafter decide the matter within further period of 30 (thirty) days from the date of filing of the application and any such speaking order that is passed, a copy thereof shall be served to the petitioner. Page No.# 5/5 In terms of the above, the writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010027652024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1222/2024o MINUoBEGUMo W/O-oLATEoIMRANoALIo@oK.oIBOMCHAoSING,oD/O-oEYASHINoALI,oPRESENTo RESIDENToOFoVILL.oNANKEoDARRANGA,oP.O.oDARRANGAMELA,oP.S.o TAMULPUR,oDIST.oBAKSA,oBTR,oASSAM,oPIN-o781360oEARLIERoRESIDENTo OFoVILL.oPENCHANGLIKI,oP.S.oMOIRANG,oDIST.oBISHNUPUR,oMANIPUR,o PIN-o795133 VERSUSo THEoUNIONoOFoINDIAoANDo4oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoINDIA,o MINISTRYoOFoDEFENCE,oNORTHoBLOCK,oNEWoDELHI,oPINo110001 2:THEoDEPUTYoINSPECTORoGENERALoPOLICE oC.R.P.F. oP.O.oPINJORE oDIST.oPANCHKULA oHARYANA oPIN-o134104 3:THEoDEPARTMENToOFoPENSIONoOFoPENSIONERSoWELFARE oREPRESENTEDoBYoITSoSECRETARY oMINISTRYoOFoPERSONAL oPUBLICoGRIEVANCESoANDoPENSIONERS oLOKoNAYAKoBHAVAN oKHANoMARKET oNEWoDELHI oPIN-o110003 4:THEoSPECIALoDIRECTORoGENERALoOFoPOLICE oNORTHoEASToZONE oCENTRALoRESERVEoPOLICEoFORCE Page No.# 2/5 9TH MILE GUWAHATI-23 P.O. AMERIGOG DIST.- KAMRUP (M) ASSAM PIN- 781023 5:THE DEPUTY INSPECTOR GENERAL OF POLICE GROUP CENTRE CENTRAL RESERVE POLICE FORCE KHANAPARA GUWAHATI-22 P.O. AMERIGOG DIST. KAMRUP (M) ASSAM PIN- 78102 Advocate for the Petitioner : MR. A A R KARIM Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA