Decided on September 03,2018

Bobita Saikia Deka Appellant
STATE OF ASSAM Respondents


Manash Ranjan Pathak, J. - (1.) Heard Dr. B N Gogoi, learned counsel for the petitioner and Mr. A Deka, learned Standing counsel, Education Department for respondent Nos. 1 and 2. Also heard Mr. R K Talukdar, learned counsel for the respondent No. 3, Mr. P Nayak, learned Standing counsel, Finance Department for the respondent No. 4 and Mr. R M Deka, learned counsel for the private respondent No. 5.
(2.) Matter relates to disbursal of Family Pension and other death benefits to the petitioner on the death of her husband a Government employee who served as a Driver in the Office of the Director of Elementary Education, Assam and died in harness.
(3.) The petitioner contended that she is the second wife of the deceased who served as Driver in the Office of the Director of Elementary Education, Assam, expired on 15.12.2013 while in service. It is stated that marriage between petitioner and her said late husband was solemnized in the year 2000 as per Hindu rites and from their wedlock a male child was born to them who is a minor. After her marriage, petitioner came to know that her husband earlier married to respondent No. 5 and from their said conjugal life they have one daughter, who is already married and two sons who are already major and the respondent No. 5 is well settled as she learnt that said respondent is serving in the Assam Civil Secretariat. Petitioner also stated that during his life time of her said husband sworn an affidavit disowning the respondent No. 5 and her two sons and specifying that they would have no right to claim his movable and immovable properties and also notified it by publishing the same in leading news paper.;

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