Ms. Kejriwal refers to th e judgment reported in Gotimayum Ongbi Ekashini Devi v. Commissioner
Case Details
WP(C) 4789/2009 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY JUDGMENT AND ORDER
Legal Reasoning
Heard Ms. S. Kejriwal, learned counsel for the petitioner. Also heard Mr. A. Dek a, Standing Counsel, Education, Mr. G. Baishya, counsel appearing for the Accoun tant General and Mr. A. Chetri, learned counsel appearing for the Director of Pe nsion and Public Grievances, who represent the respondents. 2. The petitioner is a widow and is before the Court for family pen sion on account of her son Himangshu Das, who died on 07.12.2005 while serving a s a lecturer in Civil Engineering in the Bongaigaon Polytechnic. The deceased w as unmarried and was not survived by any (cid:28)family (cid:29) as defined under Rule 143 of t he Assam Services (Pension) Rules, 1969 (hereafter referred to as the Pension Ru les) and accordingly, the petitioner as the dependent mother of the deceased, s eeks special family pension benefits. 3. Mr. A. Deka, Standing Counsel, Education refers to the counter a ffidavit of the respondent No.4 to contend that family pension is payable only t o the surviving spouse or eligible children of the deceased Government servant a nd since mother is not included in the definition of (cid:28)family (cid:29) under Rule, 143 of the Pension Rules, the petitioner is not entitled to any such benefit. 4. In response, the petitioner contends that when she was wholly de pendent on the unmarried son and as the deceased did not leave behind any other dependent, the widowed mother is entitled to special family pension as envisaged under the Finance Department’s O.M. dated 22.05.1987. Ms. Kejriwal refers to th e judgment reported in Gotimayum Ongbi Ekashini Devi Vs. Commissioner/Secretary, Arts & Culture, Govt. of Manipur & Ors.; 2005 (2) GLT 173 to project that the dependent widowed mother of a deceased employee should be considered as (cid:28)family (cid:29) when no other family members survives and on this basis, the petitioner claims that the family pension benefit should be given to the widowed mother. 5. The Pension Rules, specify the categories who are entitled to fa mily pension and although, the surviving spouse, minor sons and unmarried daught ers are mentioned in Rule 143 of the Pension Rules, a dependent mother is not in cluded. But the Finance Department of the Govt. of Assam in another context has issued the O.M. providing for special family pension for dependents of Governmen t servant killed while on duty and the contingency covers other family members l ike parents/siblings, who were actually dependent on the deceased, provided the deceased did not leave behind any widow/widower, minor sons or unmarried daughte r below the age of 21 years. 6. It is relevant to consider that the Assam Government through the Finance (Audit & Fund) Deptt. O.M. dated 22.05.1987 has provided for grant of s pecial family pension to parents of deceased officer who leaves no widow/widower or dependant children. But the O.M. is made applicable when the government ser vant is killed while on duty. The O.M. being relevant is extracted as below:- (cid:28)GOVERNMENT OF ASSAM FINANCE DEPARTMENT (AUDIT & FUND): DEPARTMENT OFFICE MEMORANDUM Dated Dispur, the 22nd May, 1987 Subject: - Special family pension for Government servant killed while on duty. No.EMP. 40./85/24. In terms of this Deptt’s Office Memorandum No.FMP 40 /85/7, dated 26-8-85 the special family pension, where there is no surviving wid ow/widower, minor sons, unmarried daughters below the age of 21 years, may be gr anted to the parents/minor brothers or unmarried sisters below the age of 21 yea rs if such member was actually dependent on the deceased Government servant.. I t is therefore, clarified that where the deceased officer had left no widow/wido wer, or minor sons or unmarried daughter below the age of 21 years and the claim is from any of the parents, or minor brother or unmarried sister, the applicant shall also furnish a reasonable proof that he/she was actually dependent on the deceased officer. The Head of office before forwarding the case to the Administ rative Deptt., shall verify the statement of dependency land if satisfied, certi fy that the parent/minor brothers/sisters was dependent on the deceased. If the certificate of the Head of Department is accepted by the administrative D epartment the formal sanctioning order for family pension should specifically me ntion the same in the order. The application form for special family pension under the O.M. referred to (No.F MP.40/85/7, dated 26-8-1985) is enclosed. Deputy Secretary to the Government of Assam Finance (A.F.) Department. (cid:29) 7. Having noticed the applicable contour of the above O.M., it cann ot be overlooked that the situation faced by the surviving parent is no differen t whether the employee is killed while on duty or succumb to illness at hospital or home. The objective of the O.M. is to bring succour to the surviving parent s and a narrow application of the O.M., in my view will fail to achieve the inte nded goal. Therefore, liberal interpretation of the contingent situation stated in the O.M. of 22.05.1987 is found to be necessary, to help a distressed parent . 8. Although, the O.M. envisages pension only when the Government se rvant is killed while on duty, since family pension is granted for benefit of su rviving dependents and the petitioner admittedly was wholly dependent on her unm arried son and the deceased did not leave behind any other dependent family memb ers, I hold that the widowed mother should be considered for family pension thro ugh liberal interpretation of O.M. dated 22.05.1987. This view is taken since th e situation for the surviving dependent is same whether the Government servant s uffers natural death or is killed while on duty. 9. Having reached the above conclusion, the respondents are directe d to take all steps to grant special family pension benefits to the petitioner a s her deceased son was unmarried and was not survived by any other dependent (cid:28)fa mily (cid:29) members. The necessary exercise should accordingly be carried out expedit iously and preferably within 6(six) months from the date of receipt of the Court ’s order. It is ordered accordingly. 10. A copy of this order be furnished to Mr. A. Deka, Standing Couns el, Education and Mr. A. Chetri, learned counsel appearing for the Director of P ension & Public Grievances, for necessary communication.