MAINAO GAYARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. C. Goswami, learned counsel for the petitioner. Also heard Mr. P.N. Gowami, learned Additional Advocate General for the respondents No.1, 2, 3, 6, 7 and 8 being the authorities under the Elementary Education Department, Pension Department and Finance Department of the Govt. of Assam.

(2.) When the writ petition came up before this Court on 06.08.2021, we have taken note that the petitioner who is a widow has instituted this petition for payment of family pension in respect of her deceased husband Late Phanidhar Gayari and further that the deceased husband was receiving the pension from the Tihu branch of UCO bank. The very fact that the deceased husband of the petitioner was receiving the pension itself goes to show that under Rule 137(1) of Assam Services (Pension) Rules, 1969, the petitioner being the wife of the deceased employee was entitled to a family pension

(3.) Rule 137(1) on its own make the wife/husband of such employee to receive the family pension on the death of the employee concerned.