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N. UNNI KRISHNAN NAIR
SULTANA REJIYA W/O LATE ABDUL GANI – Appellant
Versus
STATE OF ASSAM – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. H.R. Ahmed, learned counsel, appearing on behalf of the petitioner. Also heard Ms. G. Borah, learned standing counsel, Agriculture Department, appearing on behalf of respondents No. 1, 3 & 4; Mr. A. Chaliha, learned standing counsel, Finance Department, appearing on behalf of respondents No. 2, & 6; Mr. C. Baruah, learned standing counsel, Accountant General (A&E), Assam; appearing on behalf of respondent No. 5 and Mr. K.R. Patigiri, learned counsel, appearing on behalf of respondent No. 7.
2. The petitioner, herein, in the present proceeding, has raised a grievance with regard to the communication, dated 23.11.2022, issued by the Office of the Accountant General (A&E), Assam, to the extent that the husband of the petitioner having not declared the date of marriage with the petitioner, herein, while submitting his pension papers, it was not possible on the part of the Office to establish and share the family pension at this stage until and unless the provisions of Rule 143(ii) of the Assam Service(Pension) Rules, 1969, was relaxed.
3. As projected in the writ petition, the petitioner, herein, is the 1st wife of Late Abdul Goni. The husb
The eldest surviving widow is entitled to family pension as a trustee for all entitled parties, ensuring equitable distribution per the agreement between the wives.
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.
In the absence of credible evidence of remarriage, a legally married spouse is entitled to family pension and benefits under the Assam Services Pension Rules.
The amendment to the Assam Services (Pension) Rules permits unmarried dependent daughters to receive family pension beyond 21 years of age.
In the absence of any special Rules to the contrary, the nominations referred to under Rule 143 of the Assam (Services) Pension Rules, 1969 will be applicable.
Point of Law : In the absence of any sanction in law, such action by a public authority like APDCL cannot be accepted to be legally valid.
A consensual agreement on sharing family pension between the first wife and minor son is permissible, provided it adheres to statutory rules and does not confer independent rights upon the minor.
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