Under the Assam Services (Pension) Amendment Rules, 2018, an unmarried dependent daughter can receive a family pension beyond 21 years of age, provided no disabled child is eligible for a lifetime pension and certificates of non-marriage and non-employment are submitted annually.

ORDER

Heard Ms. R. Dutta, learned counsel for the petitioner, who submits that the father of the petitioner was working as Headmaster of Athabari L.P. School under West Block located at East Block in the district of Golaghat and he died-in-harness on 23.10.1975. After his death, the mother of the petitioner received the Family Pension but she too expired on 21.07.2011. Thereafter, the Family Pension has been stopped.

The learned counsel submits that as per the Assam Services (Pension) Amendment Rules, 2018 which has came into force w.e.f. 09.08.2018, an unmarried dependent daughter can receive family pension even beyond twenty one (21) years of age subject to the condition that there is no disabled child eligible for lifetime family pension and that a certificate of non-marriage and non-employment in the prescribed format is submitted by the un-married dependent daughter every year.

The learned counsel submits that prior to the amendment, she perhaps was not eligible for receiving Family Pension but upon the amendment coming into force, she has now become eligible to receive the same as she fulfils the criteria prescribed under the amendment rules. The learned counsel submits that a representation has been submitted by the petitioner on 12.03.2026 before the District Elementary Education Officer, Golaghat and also before the Block Elementary Education Officer, Golaghat but since the prayer of the petitioner has not been considered, the petitioner is before this Court.

In view of above, issue notice of motion, returnable by four (4) weeks.

Ms. S. Konwar, learned Government Advocate, accepts notice on behalf of the respondent Nos. 1, 4, 7 & 8 while Ms. R. M. Barooah, learned Standing Counsel, Finance Department , accepts notice on behalf of the respondent No. 2; Mr. G. Pegu, learned Additional Senior Government Advocate, accepts notice on behalf of the respondent Nos. 3 & 6 and Ms. R. Dutta, learned counsel accepts notice on behalf of Mr. S. K. Medhi, learned Standing Counsel, Accountant General, Assam who represents the respondent No. 5. Notice is therefore complete.

Petitioner to furnish requisite copies of the writ petition to the learned counsels appearing for the respondents today within a period of two (2) days.

List the matter after four (4) weeks.