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HIGH COURT OF MEGHALAYA
Mr. Justice H. S. Thangkhiew, J
JAMSHED ALI – Appellant
Versus
STATE OF MEGHALAYA AND 4 ORS. – Respondent
| Table of Content |
|---|
| 1. petitioner seeks nomination change (Para 1) |
| 2. counsel argues for inclusion (Para 2) |
| 3. state's counsel defends rules (Para 3 , 4) |
| 4. court reviews rule 48 (Para 5) |
| 5. amended rule 48 explained (Para 6) |
| 6. court's reasoning on discrimination (Para 7 , 8) |
| 7. writ petition allowed (Para 9) |
JUDGMENT AND ORDER (ORAL)
1. The brief facts are that the petitioner a retired Government Teacher, on the demise of his first wife namely one Smti. Saleka Khatun, who was entered as a nominee in his pension papers had contracted a second marriage to one Smti. Alima Khatun, and an application was made before the respondent No. 3, for change of nomination in the pension papers. The same being rejected vide the impugned letter dated 10.01.2022, the writ petitioner is before this Court with the instant writ petition.
2. Mr. S.A. Sheikh, learned counsel for the petitioner has submitted that, the return of the application by the impugned letter dated 10.01.2022, was on the ground that the Meghalaya Civil Service (Pension) Rules 1983, particularly Note-2 of Rule 48 of the said Rules, did not recognise family pension to post retiral spouses of persons who retired before 01.01.2007. He submits tha
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