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2022 Supreme(Gau) 303

ACHINTYA MALLA BUJOR BARUA
Pratibha Thakuria, W/o Late Kushal Thakuria – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. A.K. Dutta

JUDGMENT :

Heard Mr. B Purkayastha, learned counsel for the petitioner. Also heard Mr. P.K. Borah, learned counsel for the respondents no. 1, 5, 6, 7 and 8 being the authorities under the Elementary Education Department of Government of Assam, Ms. D.D. Barman, learned Additional Senior Government Advocate for the respondents no. 2 and 4 being the authorities under the Pension and Public Grievance Department of Government of Assam and Mr. A Chaliha, learned counsel for the respondents no. 3 and 9 being the authorities under the Finance Department.

2. The husband of the petitioner Kushal Thakuria who was a Grade-IV employee in the Uparhali Model LP School in the Kamrup district died on 16.05.2021. It is stated that the deceased husband of the petitioner was appointed on 04.11.2020. Having been appointed on 04.11.2020 and died on 16.05.2021, admittedly, the husband of the petitioner did not complete one year of service.

3. Rule 140 of the Assam Services(Pension) Rules, 1969(in short, Rules of 1969) inter-alia provides that in case of death while in service, the government servant should have completed a minimum period of one year service for the purpose of being entitled to family pensio

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