Sabina Yasmin v. The State of Assam

ORDER Date : 12.08.2024

Heard Mr. A. I. Uddin, learned counsel for the petitioner. Also heard Ms. B. Deka, learned standing counsel, Elementary Education Department, appearing on behalf of the State respondents. None has appeared on behalf of respondents No. 6 & 7.

The petitioner, herein, claims to be the first wife of the respondent No. 6 viz. Samsul Hoque, who had retired from his service as a Headmaster from Moirabari Pub-Leoramukh Lower Primary School, Moirabari, Morigaon, on

31.03.2020.

It the contention of the petitioner that inspite of being the first wife of the said respondent No. 6; her name has not been incorporated as a nominee either in the service records of the respondent No. 6 or in the Pension Payment Order(PPO) of the respondent No. 6 and it is the respondent No. 7 who is contended to be the existing second wife of the respondent No. 6.

The petitioner further contends that as the respondent No. 6 was not providing for her maintenance; a case was so instituted before the competent Court of law and the maintenance allowance has been paid by the respondent No. 6 to the petitioner, herein. Such a contention is made by the petitioner to demonstrate that the marriage between the petitioner, herein, and respondent No. 6, is subsisting as on date.

Page No.# 3/4 The grievance in the present proceeding is for a direction upon the respondent authorities to incorporate the name of the petitioner, herein, as a nominee in the service records of the respondent No. 6 as well as in the Pension Payment Order(PPO) of respondent No. 6.

It is seen that the respondents No. 6 & 7, respectively, are yet to enter appearance in the matter. However, noticing the grievance raised in the present proceeding as well as the nature of the order proposed to be passed today; the appearance of respondents No. 6 & 7, in the present proceeding, is not deemed necessary.

Accordingly, the petitioner is hereby directed to submit a representation before the Director, Elementary Education Department, Assam, staking a claim to incorporate her name in the service records of the respondent No. 6 as well as in the Pension Payment Order(PPO) of the respondent No. 6.

The petitioner, in her said representation, shall set-out the proper and correct addresses of both the respondents No. 6 & 7, herein, and the Director, Elementary Education Department, Assam, shall issue notice to both the respondents No. 6 & 7, herein, and after hearing them, shall proceed to dispose of the representation that would now be submitted by the petitioner in the matter.

It is reiterated that only after hearing the petitioner, herein, and the respondents No. 6 & 7, respectively; the Director, Elementary Education Department, Assam, shall pass orders disposing of the representation that would now be submitted in the matter by the petitioner. Page No.# 4/4 The representation be filed by the petitioner, herein, along with a certified copy of this order within a period of 15(fifteen) days from today and thereafter, the respondents shall issue notices to the respondents No. 6 & 7, respectively, fixing a date for hearing and upon hearing the parties, proceed to dispose of the said representation within a period of 3(three) months, thereafter.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010097562020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2912/2020o SABINAoYASMINo W/O.oSAMSULoHOQUE,oVILL.oKOPOTIMARIo(BORAGAON),oP.O.o BORAGAON,oDIST.oMORIGAON,oASSAM,oPIN-782121. VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oELEMENTARYo EDUCATIONoDEPTT.,oDISPUR,oGUWAHATI-781006. 2:THEoDIRECTORoELEMENTARYoEDUCATIONoDEPTT.oASSAM oKAHILIPARAoGUWAHATI-781019. 3:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICERoMORIGAON oDISTRICT-oMORIGAONoASSAMoPIN-782105. 4:THEoDY.oINSPECTORoOFoSCHOOLoMORIGAON oDIST.oMORIGAONoASSAMoPIN-782105. 5:THEoBLOCKoELEMENTARYoEDUCATIONoOFFICERoLAHORIGHAToBLOCK oDIST.oMORIGAONoASSAMoPIN-782127. 6:SAMSULoHOQUEoS/O.oLT.oBOYESoALIoC/O.oMOHDoMOJID oVILL.oSALMARIoNO.-1oP.S.oMORIGAONoP.O.oSALMARI oDIST.oMORIGAONoASSAMoPIN-782126. 7:JASMINoBEGUMoW/O.oSAMSULoHOQUEoVILL.oSALMARIoNO.-1 oP.S.oMORIGAONoP.O.oSALMARIoDIST.oMORIGAON oASSAMoPIN-782126o AdvocateoforotheoPetitionerooooo:oALHAJJoINAMoUDDIN,oMRS.oRoMOMTAZ,MR.oMoAoLASKARo AdvocateoforotheoRespondento:oSC,oELEM.oEDU,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR