Hazira Begom Barbhuiya v. The State of Assam and 8 Ors

ORDER Date : 08.02.2024

Heard Mr. O. Laskar, learned counsel for the petitioner. Also heard Mr. K. A. Mazumder, learned counsel for respondent No.8 and Mr. R. K. Talukdar, learned standing counsel, Accountant General.

¶2The learned counsel for the petitioner submits that an agreement is arrived at between the petitioner and the respondent No.8, who claims to be the second wife of late Salim Ahmed Barbhuiya. The petitioner is the first wife of late Salim Ahmed Barbhuiya.

¶3It is submitted by the learned counsel for the petitioner that both the petitioner and respondent No.8 have come to terms and the petitioner has agreed to share a portion of the pensionary and retiral benefits with the respondent No.8 for her maintenance.

¶4The petitioner therefore does not wish to press the writ petition any further.

¶5While permitting the writ petition to be withdrawn, it is also made clear that if the respondent No.8 has any further grievance, then she may approach any the appropriate forum towards her claim for maintenance as has been held in the Judgment rendered by the Full Bench of this Court in Junufa Bibi Vs Padma Begum (Mustt) and Ors reported in 2023 (1) GLT (FB) 736.

¶6Writ petition is accordingly, stands dismissed on withdrawal.

¶7It is submitted that PPO has already been issued therefore, the authorities Page No.# 4/4 are now duty bound to release the pension payable to the petitioner No.1 and all other retiral benefits as payable.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010075682023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2008/2023o HAZIRAoBEGOMoBARBHUIYAo W/O-oLATEoSALIMoAHMEDoBARBHUIYA,oR/O-oVILLAGE-oDHANEHARIo PART-II,oP.O.oSILDUBI,oP.S.oSONAI,oDIST.-oCACHARo(ASSAM),oPIN-o788112 VERSUSo THEoSTATEoOFoASSAMoANDo8oORSo REP.oBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAMoINoTHEo DEPTT.oOFoELEMENTARYoEDUCATION,oASSAMoSECRETARIAT,oDISPUR,o GHY-781006 2:THEoPRINCIPALoSECRETARY oTOoTHEoGOVT.oOFoASSAMoINoPENSIONoANDoPUBLICoGRIEVANCESoDEPTT. oBLOCK-oA o2NDoFLOOR oASSAMoSECRETARIAT oDISPUR oGUWAHATI-o781006 3:THEoPRINCIPALoACCOUNTANToGENERALo(AoANDoE) oASSAM oMAIDAMGAON oBELTOLA oGUWAHATI-o781029 4:THEoDIRECTOR oDIRECTORATEoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-o781019 5:THEoDIRECTOR Page No.# 2/4 DIRECTORATE OF PENSION ASSAM HOUSEFED COMPLEX CENTRAL BLOCK 6TH FLOOR BELTOLA ROAD HOUSEFED GUWAHATI- 781006 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER CACHAR SILCHAR PIN- 788003 7:THE BLOCK ELEMENTARY EDUCATION OFFICER NARSINGPUR CACHAR PIN- 788115 8:HAFIZA BEGAM BARBHUIYA W/O- LATE SALIM AHMED BARBHUIYA R/O- VILL- DHANEHARI PART-II P.O.SILDUBI P.S. SONAI DIST.- CACHAR (ASSAM) PIN- 788112 9:THE BRANCH MANAGER STATE BANK OF INDIA NARSINGPUR BRANCH CACHAR PIN- 78811 Advocate for the Petitioner : MR. O LASKAR Advocate for the Respondent : SC, ELEM. EDU Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA