Kaneswari Changmai Vs the State of Assam and 7 Ors.

6:THE COMMANDANT 13TH ASSAM POLICE BATTALION LILABARI DIST.- LAKHIMPUR ASSAM PIN7:THE TREASURY OFFICER LAKHIMPUR TREASURY DIST.- LAKHIMPUR ASSAM PIN- 787001 8:MAINA MILLI CHANGMAI W/O- LATE KIRAN CHANGMAI PRESENT R/O- C/O- RABICHAN MILLI VILL- RUPAHI GAON P.O.- CHAULDHOWA PS- BOGINADI DISTRICT- LAKHIMPUR ASSAM PIN- 78705

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Advocate for the Petitioner : MR. K R PATGIRI, MS. D. DEVI,MR. B GOGOI,MS CHITRALEKHA DAS

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Advocate for the Respondent : GA, ASSAM, MS. N GOSWAMI(R-8),MR. N ISLAM(R-8),MR. H R KHAN (R-8),SC, FINANCE DEPTT.

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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16-07-2025

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Heard Mr. KR Patgiri, learned counsel for the petitioner. Also heard Ms. U

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Sarma, learned State Counsel, Assam and Mr. HR Khan, learned counsel for the

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respondent no.8 and Mr. A. Chaliha, learned Standing Counsel, Finance Department.

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The petitioner has approached this Court praying for apportionment of the

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share of monthly compassionate family pension from the share which is allotted to the respondent no.8. The petitioner is the mother of late Kiran Changmai, who was serving as a constable under the Commandant, 13^th Assam Police Battalion, Lilabari, in the district of Lakhimpur, Assam and who died in harness on 11.06.2023. The respondent no.8 is the widow of late Kiran Changmai and daughter-in-law of the petitioner.

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The initial claim made before this Court by the petitioner was for a share of the pension in terms of the amended Rule 143 of the Assam Services (Pension) Rules, 1969 by which the competent authority is authorized to issue orders for apportioning the family pension amongst the eligible family members. The petitioner submitted a representation dated 2201.2025 to that effect before the respondent nos. 5 & 6. However, during the course of the argument, learned counsel for the petitioner as well as learned counsel for the respondents have jointly submitted before this Court that the prayer of the writ petitioner can be considered under Section 7 & 8 of the Assam Employees Parents Responsibility and Norms for Accountability and Monitoring Act, 2017 for disbursement of 10% of the salary drawn by the deceased employee. Learned counsel for the petitioner submits that the petitioner be granted liberty to file an

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application before the respondent no.6 and/or the appropriate designated

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authority in terms of the Assam Employees Parents Responsibility and Norms for Accountability and Monitoring Act, 2017 and thereafter, the Designated Authority thereunder will consider the application to be filed by the petitioner and shall pass a speaking order for apportionment of the salary of the deceased employee, who is the son of the petitioner, to the petitioner within a period of 90 (ninety) days as prescribed.

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4] In view of the said submissions made by learned counsel for the parties, the writ petition stands disposed of permitting the petitioner to file necessary application under the Assam Employees Parents Responsibility and Norms for Accountability and Monitoring Act, 2017 praying for apportionment of the 10% of the salary of the deceased employee and for a further direction to the Designated Authority to consider the application and pass appropriate order in terms of the provisions of the Assam Employees Parents Responsibility and Norms for Accountability and Monitoring Act, 2017 within prescribed period of 90 (ninety) days from the date such an application is received.

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5] The writ petition stands disposed of in terms of the above.

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JUDGE

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Comparing Assistant

Kaneswari Changmai v. the State of Assam and 7 Ors.

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Kaneswari Changmai v. the State of Assam and 7 Ors.

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