IMPORTANT POINT
Family pension cannot be granted if the deceased was not in government service at the time of death, as per applicable pension rules.

JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Mr. H. Das, learned counsel for the petitioner. Also heard Mr. J. Chutia, learned standing counsel, Karbi Anglong Autonomous Council (KAAC), appearing for the respondent Nos. 3, 5 and 7 and Mr. B. Kaushik, learned standing counsel, Education (Elementary) Department, appearing for respondent Nos. 1 and 2.

2. In this petition under Article 226 of the Constitution of India, the petitioner Smt. Sandhyarani Das has prayed for issuing direction to the respondent authorities for releasing family pension to her w.e.f. 13.07.1992.

3. The background facts leading to filing of the present petition, is briefly stated as under:

“Late Sachindra Kr. Das was working as Head Pandit of Bibekananda L.P. School, Bokajan, Karbi Anglong. During the period of his service, he expired on 12.07.1992. After his death, his wife, the present petitioner, has approached the respondent authorities for granting her family pension, but the same has been denied and being aggrieved she approached this Court by filing the present petition seeking the relief as aforesaid.”

4. The respondent No. 5, the District Elementary Education Officer, Karbi Anglong, Diphu, has filed affidavit-in-opposition, wherein it is stated that the Karbi Anglong Autonomous Council (KAAC) has been given the authority to make law, applicable within the district of Karbi Anglong, in respect of Primary and Secondary Education as per paragraph 3A(1)(d) of the 6th Schedule of the Constitution of India and that the Assam Elementary Education (Provincialisation) Act, 1974 was enacted by the Government of Assam for provincialisation of the services of the teachers and employees of Elementary Schools and Section 1(2) of the Act provides that the Act is extended to the whole Assam except the Autonomous District, provided that the Governor may, with the consent of District Council concern, extend all or any of the provisions of the Act to all or any of the Autonomous District on such day or dates as may be notified in this behalf. Thereafter, in exercise of power conferred by Section 1(2) of the Act, the Governor of Assam after consultation and with consent of Karbi Anglong Autonomous Council, extend all the provisions of the Assam Elementary Education (Provincialisation) Act, 1974 to the Karbi Anglong Autonomous Council w.e.f. 01.08.2003 and thereafter, pursuant to the Government notification dated 08.08.2003, the Governor of Assam provincialized 1411 nos. of L.P. Schools with 2859 nos. of L.P. School teachers w.e.f. 01.08.2003 and extended the benefit of general provident fund accounts and other financial benefits. The said notification also stipulates that in future the provincialisation of Assam Elementary Education (Provincialisation) Act, 1974 will be applicable in terms of Office Memorandum dated 31.12.1996 and thereafter, the Secretary to the Government of Assam, Education (Elementary) Department issued Notification No. AEE/384/2005/Pt/165 dated 06.10.2009, by which the services of 343 nos. of retired/expired L.P. School teachers were provincialized, who had been working from 01.01.1995 to 31.07.2003 on the condition that the pension/family pension is to be given and not for other pensionary benefits w.e.f. 01.08.2003 and the arrear salary from 01.01.1996 to 31.07.2005 are not entitled by the retired/families of expired teachers, and since the husband of the petitioner was appointed by the Secretary, Primary Education Board, Karbi Anglong District Council, Diphu, by an order dated 24.01.1969 and he died on 12.07.1992, before provincialisation of the services of the teachers of Bibekananda L.P. School, the pension papers of the husband of the petitioner could not be processed from his office and therefore, it is contended to dismiss the petition.

5. Mr. Das, learned counsel for the petitioner, submits that the husband of the petitioner was appointed as an Assistant Teacher in the Bibekananda L.P. School, Bokajan, Karbi Anglong, on 01.01.1969 and while he was work