Compassionate Family Pension eligibility criteria should be interpreted liberally, allowing claims despite the deceased not fulfilling the one-year continuous service requirement under fixed pay.

JUDGMENT :

Suman Shyam, J.

1. Heard Mr. H.K. Das, learned counsel for the writ petitioner. I have also heard Mr. P. Nayak, learned Additional Advocate General (Finance), Assam as well as Standing Counsel, BTC, appearing for the respondent nos. 1 to 7 & 9 and Mr. R.K. Talukdar, learned Standing Counsel, Office of the AG (A&E), Assam, appearing for the respondent no. 8.

2. The writ petitioner herein is the widow of late Manik Chandra Ray, who died in harness on 07/12/2018 by leaving behind the writ petitioner and 2 (two) minor daughters, viz. Niharika Ray and Monalisa Ray as his dependents. According to the writ petitioner, after the premature death of her husband, she was entitled to the benefit of compassionate family pension under the special scheme notified by the Government of Assam vide notification dated 14/09/2017. As such, she had submitted as many as 3 (three) representations before the competent authority on 21/02/2019, 08/08/2019 and 17/12/2019 seeking the benefit of Compassionate Family Pension. However, by the impugned communication dated 04/11/2020, the prayer of the petitioner for payment of compassionate family pension had been rejected by the respondent no. 4 on the ground that the husband of the petitioner had not completed the minimum period of 1 (one) year of “complete” service so as to permit sanctioning of compassionate family pension. In the order dated 04/11/2020, it was further mentioned that a person must complete minimum 1(one) year service for CFP scheme.

3. The facts and circumstances of the case, briefly stated, are that on 05/03/2008, the Member Secretary, Central Selection Board, Bodoland Territorial Council (BTC), Kokrajhar, had issued an advertisement notice inviting applications for filling up a few posts lying vacant in the Council Head of the Department, Offices/District and Sub-Divisional Offices of the BTC area. In the said advertisement notice, the post of Junior Assistant/LDA (Grade-III) was mentioned. The advertisement notice dated 05/03/2008 had also mentioned that candidates who are already engaged in the offices of CHD/District/Sub-divisional Offices on fixed pay basis by the BTC, either in Grade-III or Grade-IV post also need to apply. That apart, it was also mentioned in the said advertisement notice that the candidates who are employed on fixed pay basis in Grade-III and Grade-IV posts in the BTC Secretariat to also apply as there is no sanctioned post in the BTC Secretariat at present.

4. In response to the advertisement notice dated 05/03/2008, the deceased husband of the petitioner late Manik Chandra Ray had submitted his application. He had appeared in the Written Test and thereafter, in an Oral Interview conducted by the authorities. After completion of selection process, the Member Secretary, CSB had circulated a list of selected candidates wherein, the name of the petitioner’s husband appeared at Sl. No. 106 against Role No. Jr. A-2285, as an OBC category candidate.

5. Pursuant to the above selection process, the Joint Commissioner of Transport Department, BTC, Kokrajhar, had issued order of appointment dated 28/02/2011 in respect of 30 (thirty) selected candidates engaging them as Junior Assistant/LDA on fixed pay basis @ Rs. 5200/- per month with e