PRATIBHA THAKURIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B Purkayastha, learned counsel for the petitioner. Also heard Mr. P K Borah, learned counsel for the respondents no. 1, 5, 6, 7 and 8 being the authorities under the Elementary Education Department of Government of Assam, Ms. D D Barman, learned Additional Senior Government Advocate for the respondents no. 2 and 4 being the authorities under the Pension and Public Grievance Department of Government of Assam and Mr. A Chaliha, learned counsel for the respondents no. 3 and 9 being the authorities under the Finance Department.

(2.) The husband of the petitioner Kushal Thakuria who was a Grade-IV employee in the Uparhali Model LP School in the Kamrup district died on 16/5/2021. It is stated that the deceased husband of the petitioner was appointed on 4/11/2020. Having been appointed on 4/11/2020 and died on 16/5/2021, admittedly, the husband of the petitioner did not complete one year of service.

(3.) Rule 140 of the Assam Services (Pension) Rules, 1969 (in short, Rules of 1969) inter-alia provides that in case of death while in service, the government servant should have completed a minimum period of one year service for the purpose of being entitled to family pension for the family members.