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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Bismita Saikia, D/o. Late Tridip Saikia – Appellant
Versus
State of Assam, Through The Principal Secretary To The Government of Assam, Home And Political Affairs Department – Respondent
| Table of Content |
|---|
| 1. petitioner's claim for family pension. (Para 2 , 3 , 4) |
| 2. petitioner's entitlement as a divorced dependent. (Para 5 , 6) |
| 3. court’s rationale supporting divorced daughters' rights. (Para 7 , 8) |
| 4. direction to grant family pension. (Para 9) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Ms. S. Chanda, the learned counsel appearing on behalf of the petitioner. Mr. D. Borah, the learned counsel appears on behalf of the respondent Nos.1 to 3 and Mr. C. Baruah, the learned counsel appears on behalf of the respondent No.4.
2. The petitioner is aggrieved by the inaction on the part of Respondent Authorities in disbursing the family pension to the petitioner who claims to be a divorced dependent daughter of one Tridip Saikia (since deceased).
3. The brief facts of the case as would be apparent from the materials on record is that the petitioner’s father Late Tridip Saikia retired from the establishment of respondent No.3 on 28.02.2002 upon attaining the age of superannuation. After retirement, Late Tridip Saikia was paid pension vide PPO No.TEZ/73109. The petitioner got married to one Pranjal Dutta on 18.01.2009, but the said marriage was dissolved by the judgment and decree dated 15.09
A divorced daughter is entitled to family pension if dependency can be established, treated equally to unmarried daughters.
A divorced daughter is considered an eligible dependent under the Swatantrata Sainik Samman Pension Scheme, thus entitled to pension benefits.
The M.P. Civil Services (Pension) Rules do not provide for family pension to divorced daughters, and the petitioner failed to demonstrate unemployment or lack of income.
Divorced daughters are entitled to family pension similar to unmarried daughters, emphasizing dependency and socio-economic justice rather than strict adherence to employment status.
Divorced daughters are entitled to family pension eligibility assessments based on income, not marital status at the time of the parent's death.
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.
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