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Judgment
Heard Mr. HR Nath, learned counsel for the petitioner, learned CGC, Mr. R. Debnath for the respondents No. 1 to 5 and Mr. B.Khyriem,
learned counsel for the respondent No. 6. The brief facts of the case is that:
The petitioner is an unmarried and unemployed daughter of (L) Dile Thapa. Father of the Petitioner (L) Dile Thapa was working in 58 Gorkha
Training Centre and retired from service on 12.04.1957. After his retirement he was drawing his pension and expired on 14.10.1987. After his
death his widow Shoba Devi ""now deceased"" was drawing family pension during her lifetime and she also expired on 18.06.2001.
Parents of the petitioner at the time of their death left behind petitioner unmarried and unemployed. After the death of the petitioner''s mother she
applied for grant of family pension under unmarried daughter pension scheme as per the Government policy No. 1(3)2007-D/Pen/policy dated
25.10.2007 (ANNEXURE - XVIII), on 24.06.2008.
That the respondent several times asked the petitioner to forward necessary documents to settle her claim. The petitioner accordingly forwarded all
necessary documents demanded by the respondent but the respondent failed to grant the Family pension till date even after lapse of 7(seven)
years. Hence, this writ petition.
Learned counsel for the petitioner, Mr. HR Nath submits that the petitioner''s father (L) Dile Thapa was working in the Gorkha Training Centre
as Subedar and expired on 14.10.1987 and after his expiry, his wife (L) Shoba Devi use to get the family pension and subsequently she also
expired on 18.06.2001, and now their only daughter i.e. the petitioner, Smti Sangeeta Thapa is not getting the pension since 2008. Hence, this writ
petition.
Learned CGC, Mr. R. Debnath submits that the matter is under process but a proper application or proposal for family pension is very much
required. In reply, learned counsel for the petitioner submits that petitioner had already applied for the family pension and had also submitted the
original Succession Certificate and other documents twice through Zila Sainik Welfare Board. Mr. B.Khyriem, learned counsel for the Zila Sainik
Board, Govt. of Meghalaya, Shillong also agreed with the submission advanced by learned counsel for the petitioner.
The respondents authority must understand that pension is one of the basic requirement of a person who is entitled for it and in this case, after
going through the paper, I do not see any bar to grant the family pension to the petitioner who is unmarried and unemployed till date. Hence,
respondents authority is hereby directed to complete the process in a month from the date of receipt of the fresh application or proposal failing
which stern action shall follow. Petitioner counsel is directed to furnish a copy of the fresh application or proposal to Zila Sainik Welfare Board,
Govt. of Meghalaya, Shillong within 2(two) days and also to furnish one copy to learned CGC and learned CGC in turn shall forward a copy to
the respondents authority immediately. Compliance of the order should be taken on priority basis.
With this observation and direction, the writ petition is allowed and stands disposed of.
Registry is directed to furnish a copy to the learned CGC, Mr. R.Debnath for transmitting the same to the respondents authority immediately.