WP(C) 5506/2010 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY Heard Mr. SU Mazumdar, learned counsel for the petitioner and Mr. N Goswami, lea rned Standing Counsel, Assam State Electricity Board (for short hereafter referr ed to as the Board). Inspite of service of notice, the respondent No. 3 has not entered appearance. The petitioner is aggrieved by the apportionment of the death-cum-retirement gra tuity dues receivable by her following the demise of her husband in harness, who during his life time was an employee of the Board. The respondent No. 3 claims himself to be the son out of the second marriage of the deceased. It is a matter of record that both the petitioner and the respondent No. 3 had separately appl ied for succession certificate in the Court of the learned District Judge, Dhubr i, their application being registered as Misc. (S/C) Case No. 161/2005 and Misc. (S/C) Case No. 190/2005. The learned court below, by its judgment and order dat ed 22.09.2009 granted, as prayed for, two succession certificates in favour of t he applicant, in respect of 50% of the debt and securities of the deceased. On b eing queried by this Court, Mr. Mazumdar has admitted that the death-cum-retirem ent gratuity payable to the petitioner was, amongst others, the debts and securi ty covered by the two succession certificates granted by the learned court below . Whereas, Mr. Mazumdar has argued that in view of the status of the petitioner as the first wife of the deceased, no apportionment of the gratuity is permissible in law, Mr. Goswami has urged that in the face of the two succession certificat es, the Board has no other alternative but to act in compliance thereof. Upon hearing the learned counsel for the parties, this Court is of the view that the stand of the respondent-Board ought to be sustained. Ordered accordingly. It would be up to the petitioner, if so advised, to take appropriate steps qua t he determination made by the learned District Judge, Dhubri in the aforementione d succession certificate proceedings. The petition stands closed in the above te rms. No costs.