GAHC010087362023

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/2299/2023

SMTI. PRANITA KALITA

D/O LT. SONESWAR KALITA, R/O VILL-NIZ BARIGOH, P.O.-KANIHA, P.S.-

RANGIA, DIST-KAMRUP (R), ASSAM, PIN-781380

VERSUS

THE STATE OF ASSAM AND 4 ORS

THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT

OF ASSAM, WATER RESOURCES DEPARTMENT, DISPUR, GUWAHATI-6

2:THE CHIEF ENGINEER

WATER RESOURCES DEPARTMENT

CHANDMARI GUWAHATI-3

3:THE JOINT SECRETARY TO THE GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT

DISPUR

GUWAHATI-6

4:THE DIRECTOR

PENSION AND PUBLIC GRIEVANCE DEPARTMENT

GOVT. OF ASSAM

HOUSEFED COMPLEX

DISPUR

GUWAHATI-6

5:THE ACCOUNTANT GENERAL (A AND E)

ASSAM

MAIDAMGAON

BELTOLA

GUWAHATI-2

Advocate for the Petitioner : MR. I H SAIKIA, MS L HMAR,MR K KASHYAB,MR. M R CHOUDHURY Advocate for the Respondent : SC, WATER RESOURCE, SC, AG,GA, ASSAM B E F O R E –

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HON’BLE MR. JUSTICE SOUMITRA SAIKIA Advocate for the petitioner : Mr. I.H. Saikia, Advocate Advocate for the respondents : Mr. D. Borah Jr. Govt. Advocate Mr. C. Baruah S.C. Accountant General Ms. P. Chakrabarty, S.C. Water Resources Date on which judgment is reserved : N/A Date of pronouncement of judgment : 04.12.2025 Whether the pronouncement is of the operative part of the judgment? : No.

Whether the full judgment has been pronounced? : Yes

JUDGMENT AND ORDER (ORAL)

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 23.10.2020 leaving behind the petitioner as the sole legal heir. The petitioner claims to be surviving somehow by rendering service in a local Anganwadi Centre and she receives an honorarium of Rs. 6,000/- only. The petitioner thereafter, approached the authorities concerned by filing necessary applications requesting for consideration of her case for grant of family pension. However, it did not receive due consideration from the Department and the matter was kept pending and as a consequence, thereof, the petitioner approached before this Court.

3. The learned counsel for the petitioner submits that the petitioner is the sole legal heir and the same is not disputed by the respondents. They have also not disputed the fact that the petitioner is presently surviving by earning an honorarium of Rs.6,000/- as an Anganwadi Worker.

4. The learned counsel for the petitioner has also pressed into service a judgment by the Co-ordinate Bench of this Court rendered in “Hasiba Begum Vs. The State of Assam and 4 Ors {WP(C) No. 8395/2019} vide judgment and order dated 30.11.2021. By pressing this judgment into service, the learned counsel for the petitioner submits that this Court has already held that the divorced daughter, who was dependent upon the government servant is entitled to family pension subject to such conditions as may be prescribed by the authorities upon being satisfied the dependency factor. He further submits that the petitio