JONAKI BORO Vs. STATE OF ASSAM
LAWS(GAU)-2018-1-35
HIGH COURT OF GAUHATI
Decided on January 12,2018

Jonaki Boro Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. KR Patgiri, learned counsel for the petitioner. Also heard Mr. N Sarma, learned Standing counsel, Elementary Education Department and Ms. DD Barman, learned State counsel for respondent Nos.2 and 4 and Mr. R Barpujari, learned Standing counsel, Finance Department, Assam for the respondent No.7.
(2.) The petitioner claims to be the legally married wife of one Kalicharan Bora, who was working as a Headmaster in different LP Schools including Kandulichapori LP School and Hatimora LP School in the district of Lakhimpur. While he was so working, the husband of the petitioner disappeared w.e.f. 25.09.1994 and to that effect, the Officer-in-charge of Boginadi Police Outpost had issued a certificate corresponding to Boginadi Outpost GDE No.402 dated 21.05.1995 that the husband of the petitioner, Sri Kalicharan Boro had remained untraced from the house since 20.05.1994.
(3.) In the present writ petition, the wife of Sri Kalicharan Boro has claimed for family pension where the claim for family pension of the petitioner was rejected. The Director of Elementary Education, Assam in the affidavit-in-opposition dated 20.12.2017 in paragraph 4 has taken a stand that the husband of the petitioner, who was working as a Headmaster of Hatiamora LP School disappeared w.e.f. 20.05.1994 and ever since he remained absent from service till now. It is also stated that as per report received from the Boginadi Police Out post (North Lakhimpur), the enquiry in the matter is still going on and he could not be traced out from 20.05.1994. It further states that although the petitioner has preferred a representation before the respondent No.6 on 27.05.2016 for grant of her family pension but the family pension cannot be settled due to non-receipt of death certificate and next of kin certificate.;


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