Holisa Sangma vs State of Meghalaya

H. S. Thangkhiew, J

1) Heard Mr. S. Dey, learned counsel for the petitioner, Mr. K.P. Bhattacharjee, GA for respondents No. 1 to 6 & 10 and Mr. R. Debnath, learned counsel for respondents No. 7 to 9.

2) The writ petitioner in the instant matter has approached this Court for setting aside the impugned order dated 18th November, 2014 whereby the petitioner has been informed that she is not entitled to get Family Pension benefits as per the earlier Meghalaya Civil Services (Pension) Rules, 1983. Subsequently in the course of the case, respondent No. 4 vide additional affidavit dated 26th March, 2018 has brought on record The Meghalaya Civil Services (Pension) (Fifth Amendment) Rules, 2010 which is relevant to the instant case. After the said amendment which has since been given effect to, Rule 48 (i) of the Principal Rule have been renumbered as "48 (1)" which is quoted herein below:

"Amendment of Rule 48 :-(1) Rule 48 (i) of the Principal Rule shall be renumbered as "48 (1)" and substituted by the following :-

"48 (1). For the purpose of this rule, family shall include the following relatives of the Government servants :-

"(a) First Category :-

(i) Widow or widower, up to the date of death or re-marriage, whichever is earlier ;

(ii) Son/ daughter including widowed daughter up to the date of his/her marriage/ re-marriage or till the date he/she starts earning or till the age of twenty five years, whichever is earlier.

Note 1 : (ii) above will include legally adopted sons/daughters.

Note 2 : Post-retiral spouses/children born after retirement :- The family pension is admissible to post-retiral spouses and children born/adopted legally after retirement.

"(b) Second Category :-

(iii) Unmarried/widowed/divorced daughter, not covered by First Category above, up to the date of marriage/re-marriage or till the date she starts earning or up to the date of death, whichever is earlier ; and,

(iv) Parents who were wholly dependent on the Government servant when he/she was alive. Family pension to dependent unmarried/widowed /divorced daughter/parents shall continue till the date of death.

Provided that the family pension to unmarried/widowed/divorced daughter sin

"Second Category" and dependent parents shall be payable only after the other eligible family members in "First Category" have ceased to be eligible to receive family pension. Grant of family pension to children in respective categories shall be payable in order of their date of birth and younger of them will not be eligible for family pension unless the next above him/her has become ineligible for grant of family pension in that category.

Note :- The income criteria for dependency in respect of eligible "Second Category" family pensioner(s) shall be the minimum family pension including dearness allowance thereon."

3) As such, after examining the materials on records and the amendments which had been given effect, no impediment lies for the grant of family pension to post-retiral spouses and children born after retirement.

4) Mr. R. Debnath, learned counsel for respondents No. 7 to 9 had submitted as on earlier occasion that there was no specific instruction to the Accountant General (A&E), Meghalaya, Shillong to authorize for the release of the family pension. As such, learned GA had been instructed to take necessary instructions on the matter. Today, the learned GA has produced letter dated 17th December, 2018 addressed to the Accountant General (A&E), Meghalaya, Shillong wherein the same has been clarified. Therefore, the Accountant General (A&E), Meghalaya, Shillong (Respondents No. 7 to 9) is directed to issue authorization for grant of family pension to the petitioner as entitled and the same should be completed expeditiously preferably within a period of 45 (forty five) days from the date of receipt of this order.

5) The writ petition is accordingly disposed of, no order as to costs.