Divorced daughters are entitled to family pension similar to unmarried daughters, emphasizing dependency and socio-economic justice rather than strict adherence to employment status.

JUDGMENT :

SOUMITRA SAIKIA, J.

Heard Mr. I.H. Saikia, learned counsel for the petitioner. Also heard Mr. D. Borah, learned Junior Government Advocate for the respondents Nos. 3 and 4; Mr. C. Baruah, learned Standing Counsel, Accountant General for the respondent No.5 and Ms. P. Chakrabarty, learned Standing Counsel, Water Resource Department for the respondents Nos.1 and 2.

2. The claim of the writ petitioner is that her father namely Lt. Soneswar Kalita who was working as a Khalasi in the Department of Flood Control under the Executive Engineer, Lower Assam INV Division, Barpeta Road superannuated from service on 31.12.2000. Thereafter, her late father had received pension regularly. On 05.03.1998 the petitioner got married but unfortunately her marriage culminated into a divorce and thereafter, she lived in her parental house along with her parents. It is the claim of the writ petitioner that she did not receive any maintenance or alimony from the divorced husband. Her late father was the sole source of income for the petitioner as well as her mother. The mother of the petitioner pre-deceased of her father on 21.06.2005. Subsequently, the father of the petitioner also expired on 23.10.2020 leaving behind the petitioner as the sole legal heir. The petitioner claims to be surviving somehow by rendering service in a local Anganwadi Centre and she receives an honorarium of Rs. 6,000/- only. The petitioner thereafter, approached the authorities concerned by filing necessary applications requesting for consideration of her case for grant of family pension. However, it did not receive due consideration from the Department and the matter was kept pending and as a consequence, thereof, the petitioner approached before this Court.

3. The learned counsel for the petitioner submits that the petitioner is the sole legal heir and the same is not disputed by the respondents. They have also not disputed the fact that the petitioner is presently surviving by earning an honorarium of Rs.6,000/- as an Anganwadi Worker.

4. The learned counsel for the petitioner has also pressed into service a judgment by the Co-ordinate Bench of this Court rendered in “Hasiba Begum Vs. The State of Assam and 4 Ors {WP(C) No. 8395/2019} vide judgment and order dated 30.11.2021. By pressing this judgment into service, the learned counsel for the petitioner submits that this Court has already held that the divorced daughter, who was dependent upon the government servant is entitled to family pension subject to such conditions as may be prescribed by the authorities upon being satisfied the dependency factor. He further submits that the petitioner being similarly situated is entitled to an order directing the authorities to consider the claim of the writ petitioner for grant of family pension and the prayer be granted accordingly.

5. The Chief Engineer, Water Resources Department has filed an affidavit contesting the claims of the writ petitioner. According to the respondent in terms of the notification dated 09.08.2018, issued by the Government of Assam, Department of Pension and Public Grievances a certificate of non-marriage and non-employment in the prescribed format, duly certified by the CEO/BDO concerned shall be furnished by the unmarried dependent daughter to the Treasury or the Bank once in a year.

6. The learned counsel for the respondent submits that this application along with the requiremen