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2022 Supreme(Gau) 80

ACHINTYA MALLA BUJOR BARUA
Abheswari Basumatary W/o Late Laxmiram Basumatary – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S. Nath

JUDGMENT :

Heard Mr. S Nath, learned counsel for the petitioner. Also heard Mr. NJ Khataniar, learned counsel for the respondents No.1, 2 and 4 being the authorities under the Elementary Education Department, Government of Assam, Ms. DD Barman, learned Additional Senior Government Advocate for the respondent No.3 being the Director of Pension and Public Grievances, Assam and Mr. A Hasan, learned counsel for the respondent No.5 being the authorities in the Accountant General, Assam.

2. The son of the petitioner Gopinath Basumatary was an Assistant Teacher in 253 No.Dahalapara LP School, Bijni and he was appointed on 27.01.1996 and received his regular scale of pay from 1998.

3. The son of the petitioner while in service died on 13.05.2007 in harness due to heart attack. This writ petition is instituted by the petitioner claiming for family pension under Rule 143 of the Assam Services (Pension) Rules 1969 (for short, the Rules of 1969) on account of the pensionable service rendered by her deceased son.

4. The petitioner is a 79 years old lady and it is stated that the application for pension was submitted by her on 03.09.2020. Ms. DD Barman, learned Additional Senior Government Advocate

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