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N. UNNI KRISHNAN NAIR
Sabita Roy W/o- Lt. Moni Kanta Roy – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. P, Mahanta, learned Counsel for the petitioner. Also Heard Mr. C. Sarma, learned Standing Counsel Dima Hasao Autonomous Council, Mr. P. Nayak, learned Standing Counsel Finance Department and Mr. R. K. Talukdar, learned Standing Counsel Accountant General (Assam), appears for the Respondent No. 4.
2. The petitioner by way of instituting the present proceeding has prayed for a direction upon the respondent authorities to release to her the family pension other pensionary benefits due to her on account of the services rendered by her deceased husband.
3. Brief facts, requisite for adjudication of the issues arising in the present proceeding, is noticed as under :
4. The husband of the petitioner was initially engaged as a Muster Roll worker in the establishment of the Assistant Executive Engineer, PWD (R&B), Lumding Sub-Division w.e.f. 01.12.1991.
5. His services were thereafter regularized w.e.f. 22.07.2005. On account of certain differences arising between the petitioner and her husband, the petitioner had instituted proceedings under Section 125 of the Code of Criminal Procedure, before the
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 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 eldest surviving widow is entitled to family pension as a trustee for all entitled parties, ensuring equitable distribution per the agreement between the wives.
Divorced daughters are entitled to family pension similar to unmarried daughters, emphasizing dependency and socio-economic justice rather than strict adherence to employment status.
The validity of a marriage under the Tamil Nadu Pension Rules and Section 5(i) of the Hindu Marriage Act, 1955, and its impact on entitlement to family pension.
Family pension - Legally married wife is liable for pension - Liability of First wife to get pension - Petitioner is legally married wife of deceased and they have three sons out of their wedlock and....
Under the provisions of Rule 140 of the Assam Services (Pension) Rules, 1969, the petitioner would be entitled to family pension on his death.
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 : 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.
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