Smti. Amiya Devi vs Meghalaya Energy Corporation Limited
2024 Latest Caselaw 306 Meg

High Court of Meghalaya

Smti. Amiya Devi vs Meghalaya Energy Corporation Limited on 23 May, 2024

Author: H.S.Thangkhiew

Bench: H.S.Thangkhiew

 Serial No.31
 Regular List

                           HIGH COURT OF MEGHALAYA
                               AT SHILLONG

WP(C). No. 252 of 2023
                                         Date of Decision :23.05.2024

Smti. Amiya Devi, aged abour 57 years,
W/o Late Basanta Sarma,
R/o Baregaon, P.O &P.S -
Kamalpur District - Kamrup,
Assam - 781101.

                                                         ...Petitioner


                -Versus-


1.    Meghalaya Energy Corporation Limited
      represented by Chairman cum Managing Director,
      Meghalaya Energy Corporation Limited,
      Lum Jingshai, Shillong.

2.    Director (Finance),
      Meghalaya Energy Corporation Limited,
      Lum Jingshai, Shillong- 793001.

3.    The Accounts Officer (Pension)
      Accounts Department,
      Meghalaya Energy Corporation Limited,
      Lum Jingshai, Shillong-793001.

4.    Padumi Devi,
      S/o Late Basanta Sarma,
      R/o - Baregaon, P.O & P.S -
      Kamalpur District, Kamrup,
      Assam - 781101.



                                    1
 5.    Shri. Bipul Sarma,
      S/o S/o Late Basanta Sarma,
      R/o - Baregaon, P.O & P.S -
      Kamalpur District, Kamrup,
      Assam - 781101.

                                                          ...Respondents


Coram:
             Hon'ble Mr. Justice H.S.Thangkhiew, Judge.

Appearance:
For the Petitioner/Appellant(s) :        Mr. D.Sarma, Adv.
                                         Mr. M.U.Ahmed, Adv.

For the Respondent(s)           :        Ms. R.Colney, GA for R 1-3.
                                         Mr. S.D.Upadhaya, Adv. for R 4.


i)    Whether approved for reporting in                   Yes/No
      Law journals etc:

ii)   Whether approved for publication                    Yes/No
      in press:



                  JUDGMENT AND ORDER (ORAL)

1. Ms. R.Colney, learned GA on behalf of the respondent-Corporation

has obtained instructions and produced the list of names of the nominees of

the deceased employee, Shri. Basanta Sarma, who had superannuated on

01-07-2013 and expired on 02-03-2021.

2. In the said nomination form, it is seen that the name of the writ

petitioner as well as the respondent No. 5 had been reflected. It has also

been submitted that respondent No. 5 presently is aged 22 years, and as

such if any family pension is accorded to the said respondent, he will be

able to enjoy the same only for 3 more years till he attains the age of 25

years. As the Pension Rule allows for sharing of family pension between

the nominees, it is directed that the petitioner and the respondent No. 5

shall share the pension of the deceased employee on a 50% basis, till the

respondent No. 5 attains the age of 25 years, after which the same will be

enjoyed solely by the writ petitioner.

3. As ordered above, matter stands closed and disposed of.

Judge Meghalaya 23.05.2024 "Samantha PS"