IMPORTANT POINT
Eligibility for family pension requires regularization of service, which was not established in this case.

JUDGMENT :

(Sanjay Kumar Medhi, J.) :

This petition has been instituted under Article 226 of the Constitution of India with a claim for family pension. As per the facts projected, the husband of the petitioner was initially appointed as a Muster Roll Worker in the Public Works Department (PWD), Assam on 17.09.1981. Thereafter, vide an order dated 08.08.1996, his services were upgraded to Work Charged Chowkidar and was paid regular salaries in scale. It is also the case of the petitioner that her husband was given GPF. While in service, the husband of the petitioner expired on 02.11.2011 after serving about 30 years. The Service Book was also opened for the services rendered by her husband. After his demise, there was a recommendation on 15.05.2012 for regularization of his service. There was a further communication dated 26.11.2012 by the PWD whereby the application of the petitioner claiming GPF was forwarded to the Office of the Accountant General. The claim of the petitioner is that by dint of serving for a long period of time over 30 years, appropriate orders for regularization be issued so that the petitioner is entitled to the family pension.

2. I have heard Shri S. Das, learned counsel for the petitioner. I have also heard Shri R. Dhar, learned Standing Counsel for the Public Works Department and Shri P. Nayak, learned Standing Counsel both for the Finance Department and the BTC. Shri C. Boruah, learned Standing Counsel, Accountant General, Assam is also present.

3. Shri S. Das, learned counsel for the petitioner has submitted that by serving for 30 years, the husband of the petitioner has accrued a right for consideration of regularization of his service. He submits that even the Service Book was opened and after his upgradation as Work Charged Chowkidar in 1996, the husband of the petitioner was paid salary regularly in scale payment. It is also submitted that contribution and payment of GPF would indicate that for all practical purposes, the husband of the petitioner was deemed as a regular employee. The learned counsel for the petitioner accordingly submits that appropriate orders be passed for deeming the services rendered by the husband of the petitioner as regularized service and consequently family pension be released to her.

4. In support of his submission, the learned counsel for the petitioner has relied upon an order dated 22.01.2009 passed by this Court in WP(C)/1328/2008. In the said case, a direction was given for consideration of the case of an incumbent who had rendered about 30 years of service and was not getting the pensionary benefits.

5. The learned counsel for the petitioner has also relied upon a judgment of the Hon’ble Supreme Court in the case of Prem Singh Vs. State of Uttar Pradesh and Ors. reported in (2019) 10 SCC 516. It is submitted that in the said case, a direction was given for regularizing the services rendered for a long period of time in terms of the principles laid down in the case of Secretary, State of Karnataka and Ors. Vs. Umadevi (3) and Ors. reported in (2006) 4 SCC 1. It is the case of the learned counsel for the petitioner that the appointment of the husband of the petitioner was against a sanctioned post and therefore he meets the requirement laid down in the case of Umadevi (3) (supra) and therefore an order of regularization be passed by which the petitioner would be entitled to family pension.

6. Per contra, Shri Nayak, the learned Standing Counsel, Finance Department and BTC has, at the outset, submitted that opening of a GPF account does not conclusively indicate that the services of an incumbent was regularized. So far as payment of scale pay is concerned, it is submitted that all Work Charged Employees get their salaries in terms of scale with regular increments. He has also drawn the attention of this Court to the so-called Service Book by stating that it is the Service Roll, which is opened for every Work Charged Employees and unless their services are regularized, the