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ROBIN PHUKAN
Sandhyarani Das W/o Late Sachindra Kr. Das – Appellant
Versus
State of Assam – Respondent
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:
4. The respondent No. 5, the District Elementary Education Officer, Karbi Anglong, Diphu, has filed affidavit-in-oppo
Family pension cannot be granted if the deceased was not in government service at the time of death, as per applicable pension rules.
Family pension is a legal entitlement for the families of deceased employees, applicable even if the deceased retired prior to the law's introduction, provided conditions of refunding CPF are met.
The court affirmed that the provisions for family pensions apply retroactively to deceased employees if conditions are fulfilled, reflecting principles of equity and social justice.
Point of Law : Rule 233 provides that the State Government in the Finance Department shall reserve to themselves the right of changing the rules and interpreting their meaning in respect of any doubt....
Point of Law : 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, whichever is later.
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 f....
The denial of family pension based on unreasonable deductions of service years violates legal principles of fairness; unmarried dependent daughters are entitled to pension as per amended Rule 143.
The amendment to the Assam Services (Pension) Rules permits unmarried dependent daughters to receive family pension beyond 21 years of age.
The entitlement to pensionary benefits under the Assam Service Pension Rules, 1969 and other relevant laws is upheld even if an employee was under suspension and the departmental proceeding against h....
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