JUDGMENT :

Heard Mr. MH Laskar, learned counsel for the petitioner. Also heard Mr. B Kaushik, learned counsel for the respondents No.1 and 4 being the authorities under the Elementary Education Department, Government of Assam and Mr. R Ahmed, learned counsel for the respondent No.3 being the Accountant General (A&E) Assam and Mr. B Gogoi, learned counsel for the respondent No.5 being the authorities under the Finance Department, Government of Assam.

2. Considering the nature of the grievance raised the array of respondent No.6 stands deleted.

3. The petitioner is a physically handicapped unmarried girl and has been physically disabled since her birth. It is stated that she has been suffering from peripheral neuritis with weakness in her both upper and lower limbs. It is also stated that the disease from which the petitioner is suffering is not curable and till date the petitioner had not recovered in any manner from her illness.

4. The petitioner relies upon the certificate dated 24.08.2009 issued by the Senior Medical and Health Officer, Bihpuria PHC who had certified that the petitioner is suffering from peripheral neuritis with weakness in her both upper and lower limbs. The District Medical Board, Lakhimpur had also issued a disability certificate dated 09.04.2018 wherein it is declared that she is suffering from locomotor disability amounting to 40% permanent physical impairment.

5. The father of the petitioner who was the Headmaster of Dhunaguri LP School retired from service on attaining the age of superannuation on 30.04.2000 and after his retirement, he was receiving the monthly pension as entitled under the Rules bearing No.PPO/E/Sp/37,060 dated 01.05.2000 till his death on 22.01.2013. On the death of the father of the petitioner, the pension that he was receiving also stopped. In this writ petition, the petitioner claims for a permanent family pension as provided under Rule 143-C of the Assam Services (Pension) Rules 1969 on the strength that she is a disabled person. Rule 143-C is extracted as below:

“Rule 143-C-(1) This rule shall apply to pay life time family pension to the handicapped son(s)/Daughter(s) of Government servants who retired/died while in services.

(2) If the son or daughter of a Government servant is suffering from any disorder or disability of mind or is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age of 18 (eighteen) years in the case of the son and 21 (twenty one) years in the case of the daughter, the family pension shall be payable to such son or daughter for life subject to the following conditions, namely-

(i) If such son or daughter is one among 2 (two) or more children of the Government servant the family pension shall be payable to the minor son or daughter as the case may be in the order of their birth until the last minor son attains the age of 18 (eighteen) years or the last minor daughter attains the age of 21 (twenty one) years as the case may be, and thereafter the family pension shall be resumed in favour of the son or daughter suffering from disorder or disability of mind or who is physically crippled or disabled and shall be payable to him/her for life.

(ii) If there are more than one such children suffering from disorder or disability of mind or who are physically crippled or disabled, the family pension shall be paid in the order of their birth and the younger of them will get the family pension only after the elder next above him/her ceases to be eligible:

Provided that where the family pension is payable to twin children, it shall be paid to such children in equal shares:

Provided that when one such child ceases to be eligible his/her share shall revert to the other child and when both of them ceases to be eligible family pension shall be payable to the next eligible single child/twin children;

(a). firstly to the son, and, if there are more than one son, the younger of them will get the family pension only after the life ti