The amendment to the Assam Services (Pension) Rules permits unmarried dependent daughters to receive family pension beyond 21 years of age.

Judgment & Order :

KARDAK ETE, J.

Heard Mr. I. H. Saikia, learned counsel for the petitioner. Also heard Mr. D. Borah, learned Government Advocate for the respondent No. 1 and Mr. S. K. Medhi, learned Standing Counsel, AG for the respondent No. 2.

2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to provide family pension in favour of the petitioner, in terms of the amended Rule 143 of the Assam Services (Pension) Rules, 1969, as amended in 2018.

3. The petitioner claims to be an unmarried dependent daughter of late Jalil Uddin Ahmed, who had retired from service as Forest Ranger in the Sivasagar Forest Division on 30.09.2011 and died on 05.02.2015. The petitioner’s mother predeceased her father on 07.04.2005. The family pension was provided to the petitioner under the then-existing Rule 143 of the Assam Services (Pension) Rules, 1969, which provided entitlement of family pension to an “unmarried minor daughter,” and the petitioner received such pension until 14.09.2016.

4. It is the contention of the petitioner that the family pension was granted to her until she attained the age of 21 years. Thereafter, in view of the provisions of then-existing Rule 143 of the Assam Services (Pension) Rules, 1969, the pension was discontinued.

5. The State of Assam has amended Rule 143 of the Assam Services (Pension) Rules, 1969, vide notification dated 09.08.2018, wherein it provides that an unmarried dependent daughter would be entitled to draw family pension beyond 21 years of age. Note No. 4 appended to Rule 143 specifies that the benefits of the amended provision are to be allowed to those who were already drawing family pension as on the date of publication of the amended notification. However, the said amended Rule is silent on the situation where family pension, which was being drawn by a minor unmarried daughter until the attainment of 21 years of age, is to be continued thereafter for such unmarried dependent daughters.

6. Mr. I. H. Saikia, learned counsel for the petitioner, submits that since the petitioner was drawing family pension under the then-existing Rule 143 as an unmarried minor daughte in respect of her late father, she is entitled to continue to draw family pension in terms of the newly amended Rule 143 of the Assam Services (Pension) Rules, 1969. He further submits that the petitioner’s pension had been discontinued upon attaining the age of 21 years under the old Rules, but with the subsequent amendment allowing unmarried dependent daughters to receive pension beyond 21 years, the petitioner is now entitled to continue to draw the family pension. Accordingly, it is submitted that the respondent authorities may be directed to provide family pension to the petitioner.

7. Mr. D. Borah, learned Government Advocate for the respondent No. 1 submits that as per Note 4 under the Rule 143 of the Assam Services (Pension) Rules, 1969, the cases where family pension is already being drawn on the date of publication of the notification i.e. 09.08.2018, same shall be allowed to continue by the current recipient till his/her eligibility ceases as per normal rules and thereafter, the family pension shall be paid as per procedure as indicated at Note 2 of the amended Rule 143 (ii)(c). He submits that the respondent authority has already allowed lifetime family pension to unmarried dependent daughters of deceased Government servants beyond the age of 21 years, by amending Rule 143 of the Assam Services (Pension) Rules, 1969, which is currently in vogue.

8. He submits that the applicability of family pension under Note 3 of amended