JUDGMENT & ORDER(CAV)

By this application under Article 226 of the Constitution of India, the petitioner, the widow mother of one Sita Ram Saloi, Constable in Assam Special Reserve Force (hereinafter referred as ASRF) has claimed benefit of family pension under Rule 143 of the Assam Pension (Services) Rules, 1969. The question to be answered in this writ petition is whether mother of a deceased employee can claim family pension under Assam Pension (Services) Rules, 1969.

2. Petitioner’s son Sita Ram Saloi was appointed as Constable in the ASRF, 1st Battalion and he joined on 20.12.1984. He died on 19.04.1990 while in service after suffering due to various ailments. On his death his father (now deceased) Anandi Saloi claimed payment of death cum retirement benefit but while his claim remained pending, he died. Therefore, the present petitioner on the basis of same legal heir certificate dated 15.05.1990 issued by the Sub Divisional Officer, Rangia made a claim for family pension. The Commandant of 1st ASRF Battalion forwarded her application on 17.09.1993. This was followed by another recommendation by the same authority on 05.11.1997. The Deputy Director of Civil Defence sent a prop

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