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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SOUMITRA SAIKIA
Pranita Kalita, D/o. Lt. Soneswar Kalita – Appellant
Versus
State Of Assam, Through The Commissioner And Secretary To The Government Of Assam, Water Resources Department – Respondent
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.
Divorced daughters are entitled to family pension similar to unmarried daughters, emphasizing dependency and socio-economic justice rather than strict adherence to employment status.
A divorced daughter, if dependent on her father cannot be excluded and has to be included within the meaning of the word family and has to be treated at par with an unmarried daughter.
A divorced daughter is entitled to family pension if she was dependent on the deceased pensioner at the time of death, irrespective of the divorce being post-death.
The entitlement of a divorced daughter to a share of the family pension under the Central Civil Services (Pension) Rules, 1972 and relevant office memorandums.
Service Law – Family Pension - Family pension can be granted to divorced daughter in case where divorce proceedings have been filed in a competent Court during life time of employee – pensioner and d....
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 main legal point established in the judgment is that a divorced daughter is entitled to family pension under the OCS (Pension) Rules, 1992, if her income meets the eligibility criteria specified ....
The court established that a divorced daughter is not entitled to family pension unless she demonstrates dependency on her deceased parent at the time of death and initiates divorce proceedings durin....
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