PODINA N. SANGMA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The briefs facts of the case is that the petitioner is the second wife of one (L) Lohitson Sangma, who was working as Police Constable in the Office of the Superintendent of Police, East Garo Hills District, Meghalaya and had retired from service on 30.06.1992. After the death of his first wife and after his retirement from service (L) Lohitson Sangma legally married the petitioner as per Christian Marriage Act on 22.01.1997. (L) Lohitson Sangma expired on 04.02.2011 and after his death, the family pension was stopped and also other service benefits were not accorded to the petitioner.

(2.) I have heard learned counsels for the parties.

(3.) Mr. P.T. Sangma, learned counsel for the petitioner submits that there is no reason that the petitioner be deprived of family pension, for the reason that the marriage was contracted after the retirement of the deceased employee, inasmuch as, Rule 48 of the Civil Service Pension Rules, 1983, had since been amended to include such persons as the petitioner who got married to the deceased employee after his retirement. As such, he submits that there being no impediment for release of family pension, he prays that the same be paid to the petitioner.