Dipanjali Kalita Vs the State of Assam and 6 Ors.

THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI-6

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2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6

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3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM ADMNISTRATIVE REFORMS TRAINING AND PENSION AND PUBLIC GRIEVANCES DEPARTMENT DISPUR GUWAHATI-6

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4:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI-36

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5:THE JOINT DIRECTOR OF HEALTH SERVICES KAMRUP AMINGAON

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Page No.# 2/4

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PIN- 781031

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6:THE MEDICAL AND HEALTH OFFICER I/C JHAROBARI MINI PHC POST OFFICE- JHAROBARI KAMRUP DISTRICT- KAMRUP ASSAM 7:THE PRINCIPAL ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI-29 8:PRINCEE KALITA (MINOR) DAUGHTER OF LATE MUNINDRA KALITA REPRESENTED BY SHRI NARENDRA CHANDRA KALITA SON OF LATE BAPURAM KALITA R/O- VILLAGE AND P.O.-DHARAPUR P.S.-AZARA DIST.-KAMRUP(M) ASSA

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Advocate for the Petitioner : MR. C BHATTACHARYYA, MR R DAS

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Advocate for the Respondent : GA, ASSAM, MR P DOLEY(R-8),MR. R KALITA(R-8),MR J SINGH(R-8),MRS J M KONWAR(R-8),MR. B D KONWAR SR. ADV. (R-8),SC, AG (A AND E),SC, HEALTH,SC, FINANCE

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BEFORE

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HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 06/03/2025

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Heard Mr.C. Bhattacharyya, learned counsel appearing for the writ petitioner. Also heard Ms. S. Sarma, learned Standing Counsel, Health and FW Department, Government of Assam, appearing for the respondent nos. 1, 4, 5 & 6; Mr. A. Chaliha, learned Standing Counsel, Finance Department, Govt. of Assam, representing the respondent no.2; Mr. B. Chakravarty, learned Standing Counsel, Office of the AG(A&E), Assam and Ms. S. Jain, learned counsel for the respondent no. 8.

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The petitioner is the second wife and widow of the deceased Government servant, who died in

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harness on 18/11/2023 while serving as a Pharmacist in the Jharubori MPHC, coming under the supervision of the respondent no. 5. Since the deceased husband of the petitioner was the sole bread earner of the family, hence, as per the scheme floated by the Government of Assam, the petitioner had applied for compassionate family pension.

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According to the petitioner, she and her minor son, being the dependent family members of the deceased Government servant, are both entitled to compassionate family pension. However, in view of the competing claims made by the respondent no.8, who is the minor daughter of the deceased Government employee, born through his first wife, the compassionate family pension has not been released till date.

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Mr. A. Chaliha, learned Standing Counsel, Finance Department, Assam, submits that the Government of Assam in the Finance Department has issued notification dated 14/09/2017 notifying the scheme of “compassionate family pension” in lieu of “compassionate appointment”, thereby, laying down the guidelines to be followed while disbursing such compassionate pension. The guidelines further provides that the definition of family of employee, who had died in harness, will be as per the provisions of Assam (Pension) Rules, 1969.

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Ms. S. Sarma, learned Standing Counsel, Health & FW Department, Assam, submits that the Department has no difficulty in sanctioning the compassionate family pension but in view of the ongoing litigation pertaining to competing claims of the petitioner and the respondent no. 8, there is some hurdle in disbursing the amount. The learned departmental counsel has submitted that in view of the amendments carried out to the Pension Rules of 1969 vide Assam Service (Pension) Amendment Rules, 2018, all dependent family members of the deceased shall be entitled to receive a share in compassionate family pension. Therefore, subject to fulfillment of the provision of the Rules, the department can distribute the family pension on pro-rata basis amongst the widow i.e. the petitioner, her minor son and the respondent no. 8. Mr. Bhattacharyya, learned counsel for the

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petitioner as well as Ms. Jain appearing for the respondent no. 8 have submitted that they would have no objection, if such an order is passed by this Court.

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It appears that as per the provisions of Amended Rules of 2018, where there are two or more family members at the time of death of the widow/widower, the family pension, as admissible under the Rules, is required to be divided in equal shares amongst all the dependent minor son/unmarried daughter, subject to submission of requisite Indemnity Bond and other documents on that behalf.

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Since the learned counsel for the writ petitioner and Ms. Jain, learned counsel for the respondent no. 8, have submitted that they would be satisfied by receiving the share of compassionate family pension as per the Pension Rules, this writ petition stand disposed of by providing that the respondents may process the claim of compassionate family pension made by the petitioner and the respondent no. 8 by distributing the same on pro-rata basis by following the provisions of the Assam Service (Pension) Rules, 2018 and thes other Rules that may come in play in the matter.

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This direction would, however, be subject to compliance of all other conditions prescribed by the Rules for disbursement of compassionate family pension.

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The order passed by this Court be carried out as expeditiously as possible but not later than 90(ninety) days from the date of receipt of a certified copy of this order.

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The writ petition stands disposed of accordingly.

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There shall be no order as to costs.

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JUDGE

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Comparing Assistant

Dipanjali Kalita v. the State of Assam and 6 Ors.

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Dipanjali Kalita v. the State of Assam and 6 Ors.

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