Back
THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
KARDAK ETE
Junu Das D/O Late Bonti Das – Appellant
Versus
State Of Assam Rep. By The Commissioner And Secretary To The Govt. Of Assam, Public Works (Roads) Department – Respondent
JUDGMENT :
KARDAK ETE, J.
1. Heard Mr. K. R. Patgiri, learned counsel for the petitioner. Also heard Mr. R. K. Talukdar, learned Standing Counsel, AG, for the respondent No. 1; Mr. T. C. Chutia, learned Additional Senior Government Advocate for the respondent No.
2; Ms. A. Borthakur, learned counsel appearing on behalf of Mr. P. Nayak, learned Standing Counsel, PWD and Mr. R. M. Baruah, learned Standing Counsel, Finance.
2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to finalize the payment of family pension in favour of the petitioner and to release the retirement benefits of the petitioner’s father, taking into account the total length of service without any deduction, in terms of the amended Rule 143 of the Assam Services (Pension) Rules, 1969.
3. The father of the petitioner, namely, Late Bonti Das, was working as Muster Roll worker under the Executive Engineer, PWD, Golaghat Road Division, since 01.06.1981 till his retirement on 31.05.2001. The service of the petitioner’s late father was regularized vide order dated 30.11.2005. After his retirement, an office order was issued for payment of leave salary/gratuity as admiss
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 amendment to the Assam Services (Pension) Rules permits unmarried dependent daughters to receive family pension beyond 21 years of age.
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.
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 main legal point established is that a service-related disability leading to premature discharge entitles the petitioner to family pension under the Central Civil Services (Extraordinary Pension)....
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 right to receive pensionary benefits is constitutional and cannot be denied based on non-regularization of service, particularly after long continuous service, as it violates principles of fairne....
Point of Law : Provision of Rule 140 of the Assam Services (Pension) Rule 1969, which inter alia provides that in case of death while in service, the government servant should have completed one year....
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.
Point of Law : A conjoint reading of the Amendment Rules of 2015 and the Amendment Rules of 2018 would go to show that the entitlement of family pension to a mother would either be from the date of f....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
