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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
KARDAK ETE
Ferjina Parbin Jalil D/o Late Jaliluddin Ahmed – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. petitioner claims entitlement to family pension. (Para 2 , 3 , 4) |
| 2. amendment allows pension beyond 21 years. (Para 5 , 6 , 11) |
| 3. court evaluates applicability of amended rule. (Para 8 , 9 , 10 , 12 , 13) |
| 4. petitioner entitled to pension from 09.08.2018. (Para 14) |
| 5. writ petition allowed, pension to be paid. (Para 15 , 16) |
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
The amendment to the Assam Services (Pension) Rules permits unmarried dependent daughters to receive family pension beyond 21 years of age.
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.
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....
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.
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.
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 eldest surviving widow is entitled to family pension as a trustee for all entitled parties, ensuring equitable distribution per the agreement between the wives.
Point of Law : Rule 233 provides that the State Government in the Finance Department shall reserve to themselves the right of changing the rules and interpreting their meaning in respect of any doubt....
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