Decided on September 26,2018

Rama Mukherjee Bhowmik Appellant
State Of Assam And 4 Ors Respondents


Suman Shyam, J. - (1.) Heard Mr. M. Choudhury, learned senior counsel assisted by Mr. G. Goswami, learned counsel appearing for the writ petitioner. I have also heard Mr. D. Nath, Addl. Sr. Govt. Advocate, Assam, appearing for respondent Nos.1, 3 and 4, Mr. R. K. Talukdar, learned counsel appearing for respondent No.2 and Mr. D. Baruah, learned counsel appearing for respondent Nos.5 and 6, who are, in reality, one and the same person. Therefore, for the sake of convenience, both the respondents are here-inbelow commonly referred to as the respondent No 6.
(2.) The dispute in this writ petition pertains to the competing claims of the two wives of Late Dr. Soumendra Mohan Mukherjee over their right to receive family pension. The facts of this case, shorn of unnecessary details, are briefly narrated herein below.
(3.) Dr. Soumendra Mohan Mukherjee (since deceased) was an employee of the Government of Assam. The writ petitioner is the first wife of late Dr. Soumendra Mohan Mukherjee and their marriage was solemnised on 07.03.1977.However, soon after their marriage, the petitioner had left her husband as a result of which Dr. Soumendra Mohan Mukherjee had remarried the respondent No 6 on 12.06.1987 and continued to live with her as husband and wife until his demise on 10.06.2009.During his life time,Dr. Soumendra Mohan Mukherjee had executed a Will dated 18.11.2006 bequeathing all his properties including his pensionary dues in favour of his second wife i.e. the respondent No.6 herein. After the death of her husband, the respondent No 6 had filed Title Suit (P) No.43/2010 before the Court of learned District Judge, Sonitpur, seeking probate in respect of the will and the said proceeding is pending disposal before the learned Court below. In the meantime, the respondent No. 6 had claimed her right to receive family pension and taking note of the Will as well as the nomination made by the deceased husband of the respondent No 6 in her favour ,the respondent authorities had granted family pension to the respondent No.6. Having come to know about the same the petitioner has approached this Court by filing the instant writ petition inter-alia praying for a direction to pay the family pension to her on the ground that she was the legally married wife of Dr. Soumendra Mohan Mukherjee.;

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