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Judgment
H. S. Thangkhiew, J
The writ petitioner herein is stated to be the daughter of one (L) Shanmodalin Lyngdoh Kynshi, an employee of the District Industries Centre, West Khasi Hills District who died in harness on 19.06.2006. The further case of the petitioner is that after the death of her mother, the father of the writ petitioner (respondent No. 4) was drawing the family pension, after obtaining the requisite succession certificate and other documents. However, it appears that the respondent No. 4 had subsequently re-married in the year 2018, and thereafter he ceased to look after the welfare and wellbeing of the petitioner and the other siblings.
As the respondent No. 4 was drawing the family pension, a representation dated 24.06.2020 was made before the respondent No. 3, bringing these facts on record and also praying that the family pension be granted in favour of the petitioner herein. Thereafter, the family pension was stopped and has not been drawn by anyone till date. Being aggrieved with the inaction of the respondents in processing the matter, the petitioner is before this Court by way of the instant writ petition.
Mr. A. Syiem, learned counsel for the petitioner has contended that the respondent No. 4 who is the father, by virtue of his re-marriage is no longer entitled to the family pension and also does not fall any longer within the definition of family as per The Meghalaya Civil Services (Pension) (Fifth Amendment) Rule, 2010. He therefore prays that necessary directions be passed directing the respondents to grant the said family pension in favour of the legitimate claimant i.e. the petitioner and the other siblings.
Mr. H. Kharmih, learned Addl. Sr. GA for the respondent No. 1, 2 and 3 fairly submits that it is a fact that after re-marriage, a widower will no longer be a part of the family or eligible to avail the benefits thereof.
In this view of the matter, the instant writ petition is accordingly disposed of with directions to the respondents, especially the respondent No. 3, who shall process the matter concerning the grant of family pension to the petitioner, on a fresh representation being filed, detailing the numbers of siblings and the present status. The said representation should be filed within a period of 4(four) weeks from today, and the concerned respondents on receipt of the representation together with a copy of this order, shall dispose of the matter within a period of 4(four) weeks, thereafter.
With the above noted directions, this writ petition stands closed and is accordingly disposed of.