The Gauhati High Court while denying family pension claim of a widow whose husband died before the provincialisation of the school suggested her to make a plea before the Governor to get the deficiency condoned.

The Court was considering a Writ-Petition seeking direction for release of Family Pension.

The single-bench of Justice Robin Phukan observed, "...taking note of Rule 67 of the 1969 Rules, this Court is inclined to dispose of this petition by granting liberty to the petitioner to approach the Director of Elementary Education and to file a fresh representation addressing the Governor of the State, for consideration of invocation of the power provides under Rule 67 and for further consideration of condoning the deficiency of qualifying services in respect of her late husband."

The Petitioner was represented by Advocate H. Das while the Respondent was represented by Senior Advocate J. Chutia.

The husband of the Petitioner was working as Head Pandit. During the period of his service, he expired in 1992 and after his death the Petitioner-Wife approached the Respondent Authorities for granting her family pension, but the same was denied.

The Respondent, in the affidavit filed informed that the provincialisation of Karbi Anglong Autonomous Council in terms of the Assam Elementary Education (Provincialisation) Act, 1974 took place w.e.f. 01.08.2003 and thereafter, pursuant to the Government notification dated 08.08.2003, the Governor of Assam provincialized 1411 nos. of L.P. Schools with 2859 nos. of L.P. School teachers w.e.f. 01.08.2003 and extended the benefit of general provident fund accounts and other financial benefits. The said notification also stipulates that in future the provincialisation of Assam Elementary Education (Provincialisation) Act, 1974 will be applicable in terms of Office Memorandum dated 31.12.1996 and thereafter, the Secretary to the Government of Assam, Education (Elementary) Department issued Notification No.AEE.384/2005/Pt/165 dated 06.10.2009, by which the services of 343 nos. of retired/expired L.P. School teachers were provincialized, who had been working from 01.01.1995 to 31.07.2003 on the condition that the pension/family pension is to be given and not for other pensionary benefits w.e.f. 01.08.2003 and the arrear salary from 01.01.1996 to 31.07.2005 are not entitled by the retired/families of expired teachers.

The Counsel for the Petitioner submitted that the husband of her client received pay scale w.e.f. 01.01.1969 till 31.12.1987 and the same was duly recorded in his service book and the colleagues of her late husband have been receiving regular pension and other pensionary benefits, but when she approached the Headmaster of the school, the same was denied to her and as the husband of the petitioner was in regular service, his family members are entitled to receive family pension.

The Counsel for the Respondent submitted that the husband of the present petitioner expired before 01.01.1995 and as the school and the service of the husband of the petitioner was not provincialized, so his pensionary benefit cannot be extended to him. He, however submitted that there is a provision in the Assam Services (Pension) Rules, 1969, i.e. Rule 67 which gives the power to the Governor to condon any deficiency of service, not exceeding 12 months in respect of qualifying service of an officer and that similar relief was granted by the Court earlier as well.

The Court looked into the Rule 67 of the Assam Services (Pension) Rules 1969 which provides that upon such conditions as he may think fit in each case to impose, the Governor may condone a deficiency not exceeding twelve months in the qualifying service of an officer and granted liberty to the Petitioner to make a plea under it to secure the benefit of the family pension.

The Petition was accordingly disposed-off.

Cause Title: Smt. Sandhyarani Das vs. The State of Assam

Appearances:

Petitioner- Advocate H. Das

Respondents- Senior Counsel J. Chutia, Senior Counsel B. Kaushik

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Justice Robin PhukanGauhati High Court

Sheetal Joon