NIKITA SUTAR MINOR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. RP Sarmah, learned senior counsel for the petitioner, Mr. M Nath, learned counsel for the P&RD, Mr. AR Tahbildar, learned counsel for the respondent No.6 namely, Smti Kalpana Sutar as well as Mr. UK Nair, learned senior counsel who was requested to be an Amicus Curiae in this matter on the question of law that is involved.

(2.) The petitioner is the minor daughter of late Chandra Chetry (Sutar) @ Chandra Bahadur Sutar who was serving as a Senior Assistant in the Sonitpur Zilla Parishad, Tezpur, Sonitpur and he died on 09.03.2016. On his death, his wife Smti Kalpana Sutar is the beneficiary of the family pension that is applicable to late Chandra Chetry (Sutar) @ Chandra Bahadur Sutar. In the circumstance, the petitioner who is a minor daughter of the deceased instituted this writ petition making a claim of a share of the family pension benefits on the ground that she is a minor daughter of the deceased.

(3.) The petitioner happens to be the daughter of the second wife of the deceased Chandra Chetry (Sutar) @ Chandra Bahadur Sutar namely Smti Manju Devi @ Manju Sutar, who is stated to have been married on 13.05.2004 after the first wife being the respondent No.6 Kalpana Sutar had left the deceased. Be that as it may, we are not much concerned with the factual aspect of the matter.