Rashmi Das vs The Union Of India And 2 Ors
2023 Latest Caselaw 926 Gua

                                                              Page No.# 1/3

GAHC010039562023




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

                                 Case No. : WP(C)/1207/2023

            RASHMI DAS
            W/O- LATE LOHIT DAS,
            R/O- VILL. BARBANG,
            P.S.- PATACHARKUCHI,
            DIST.- BARPETA, PIN- 781325,
            ASSAM.


            VERSUS

            THE UNION OF INDIA AND 2 ORS
            REPRESENTED BY THE SECRETARY,
            MINISTRY OF HOME AFFAIRS,
            NEW DELHI, PIN- 110001.

            2:THE COMMANDANT
             44 BN SASHASTRA SEEMA BAL
             NARKATIGANJ
             DIST.- WEST CHAMPARAN
             BIHAR
             PIN- 845455.

            3:MRINALINI DAS
            W/O- TAPAN DAS

            VILL.- KAUREHAGI

            P.O.- JALKHANA (TIHU)

            DIST.- NALBARI (ASSAM)

            PIN- 781378

Advocate for the Petitioner   : MRS DIPANJALI BORPUJARI
                                                                                 Page No.# 2/3


Advocate for the Respondent : DY.S.G.I.




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                           ORDER

Date : 10-03-2023

Heard Mrs. Dipanjali Borpujari, learned counsel for the petitioner. Also heard Mr. B. Chakravarty, learned counsel appearing on behalf of respondent Nos.1 and 2.

Issue notice, making it returnable on 12.04.2023. As Mr. B. Chakravarty accepts notice on behalf of respondent Nos.1 and 2, extra copies of the writ petition be served upon him by 13.03.2023.

As regards the respondent No.3, steps be taken by way of registered post with A/D as well as by usual process.

The case of the petitioner herein is that she is the mother of Tapan Das who had gone missing on 21.02.2020. Thereupon the petitioner vide an application dated 25.08.2022 sought for financial relief. The Deputy Commandant/Adjutant, 44 Bn SSB Narkatiaganj vide letter dated 20.09.2022 has informed the petitioner that as per the CCS Pension (Rules) 1972 SR 10-A

(a) of Rule 54, family pension to the parents shall be payable if the parents were wholly dependent on the Government servant and the deceased Government servant is not survived by a widow or an eligible child. It is the case of the petitioner that she was wholly dependent upon her son after her husband passed away but as her son has a wife, she has not been granted the benefit.

The learned counsel for the petitioner also has drawn attention of this Page No.# 3/3

Court to the judgment of the Full Bench of this Court in the case of Mustt Junufa Bibi vs. Mustt Padma Begum @ Padma Bibi and others, reported in 2022 SCC Online GAU 2000 and submitted that although the said matter pertains to Assam Services (Pension) Rules, 1969 but the observations made therein can also be applied to the facts of the instant case inasmuch as, the widow, i.e. the respondent No.3 would be receiving the family pension or any financial relief as a trustee and as such, the petitioner being one of the persons who is entitled to, would have a claim upon the said amount.

This aspect of the matter would require further examination. Accordingly, on the returnable date, let the respondents file affidavit

JUDGE

Comparing Assistant