HASIBA BEGUM Vs. STATE OF ASSAM

JUDGEMENT

(1.) The extraordinary jurisdiction of this Court is sought to be invoked by filing this application under Article 226 of the Constitution of India whereby the petitioner has raised an important question of law in connection with the Assam Services (Pension) Amendment Rules, 2018 (in short, the Rules of 2018) whereby Rule 143 has been amended so as to provide for family pension to unmarried dependent daughters beyond the age of 21 years of age.

(2.) Before deliberating on the issue raised, it would be convenient if the facts of the case are stated in brief.

(3.) The mother of the petitioner late Mehmuda Begum was working as a Khalasi against a substantive post under the establishment of the respondent no. 3 i.e. the Executive Engineer, Public Health Engineering Department (hereinafter, PHE). The mother of the petitioner had died-in-harness on 17/10/2018 by which time, the mother had served for 22 (Twenty Two) years, 1(one) month and 8(eight) days, which was the qualifying service, leaving behind the petitioner, who is the only next of kin (daughter) and was solely dependent on the income of her mother.