Point of Law : A conjoint reading of the Amendment Rules of 2015 and the Amendment Rules of 2018 would go to show that the entitlement of family pension to a mother would either be from the date of filing of the application or from the date of coming into force of the amendment.

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 appearing for the Director of Pension points out that the copy of the application annexed does not bear any endorsement by the Department of it having been received. Without going into such question, we take note that under the un-amended Rule 143 of the Rules of 1969, there was no provision of family pension in respect of a mother of a deceased employee. By the Notification No.PPG(G)10/2013/38 dated 20.08.2015 of the Commissioner and Secretary to the Government of Assam in the Pension and Public Grievances Department, the Assam Services (Pension) Amendment Rules, 2015 (for short, the Amendment Rules of 2015) was notified. As per the Amendment Rules of 2015, for the purpose of Rule 143 of the Rules of 1969, after Rule 143(ii)(c), the following had been added.

Rule 143 (ii) of the Amendment Rules of 2015 is extracted as below:

“….Family pension under this Rule shall be admissible to the following provisions of Rule 143 (ii) of the Assam Services (Pension) Rules, 1969 apart from (a) to (c) in the existing provisions

(d) to the father.

(e) failing (d) to the mother

(f) failing (d) & (e) to the eldest surviving brother upto 18 years of age.

(g) failing (d) (e) & (f) to the eldest surviving unmarried sister upto the age of 21 or marriage, whichever is earlier

In addition to above, a Sub Rule 143 (ii)-A will also be included.”

5. A reading of the amended Rule 143 (ii) as per the Amendment Rules of 2015 would go to show that on and from the Notification dated 20.08.2015 even a dependant mother of a deceased employee would be entitled to family pension in a situation where the father is no more. In the instant case, it is stated that the petitioner being the mother of an employee of the Elementary Education Department is entitled to a family pension under the amended Rule 143 of the Rules of 1969.

6. We have taken note that the Amendment Rules of 2015 was made in exercise of the powers under the provisions of Article 309 of the Constitution of India. Thereafter the Rules of 1969 was further amended by the Assam Services (Pension) Amendment Rules 2018 (for short, the Amendment Rules of 2018). Note-3 of the Amendment Rules of 2018 provides as extracted:

“Note 3: If at the time of submission of family pension claim, there are no minor children in the family, the family pension shall be paid from the date of filing application by the claimant or from the date of coming into force of this notification whichever is later. No claim for arrear benefit under this clause shall be entertained. Otherwise, the family pension shall be paid from the date following the date of death of the widow/widower as the case may be.”

7. A reading of the Note 3 of the Amendment Rules of 2018 would go to show that for the purpose of family pension, it would be paid from the date of filing of the