RINA KALITA W/O LATE PRAFULLA KALITA Vs. STATE OF ASSAM
LAWS(GAU)-2018-2-198
HIGH COURT OF GAUHATI
Decided on February 02,2018

Rina Kalita W/O Late Prafulla Kalita Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. S.J. Sarma, learned counsel for the petitioner. Also heard Mr. C. Bhattacharjee, learned counsel for the Elementary Education Department as well as Ms. R.B. Bora, learned counsel for the Director of Pension and Mr. A. Hasan, learned counsel for the Accountant Department.
(2.) The husband of the petitioner Prafulla Kalita who was working as the Head Teacher of 230/1 No. Barbhaluki Lower Primary School died on 14.03.2017. It is stated that the petitioner was the first wife of Prafulla Kalita, whereas, the respondent No.8 was the second wife, whom he had married during the subsistence of the marriage with the first wife.
(3.) The petitioner is aggrieved to the extent that on the death of Prafulla Kalita, the pensionary benefits are being paid to the second wife, being the respondent No.8, ignoring the legitimate claim of the petitioner, who was the first wife. To that extent, there is also a communication by the SubInspector of Bajali Block addressed to the BEEO, Bajali Block which states that Prafulla Kalita had married for the second time in the year 2000 and had nominated his second wife being the respondent No.8 for his pensionary benefit, and therefore, the second wife is presently enjoying the pensioanry benefit.;


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