SANGITA BANIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A Deka, learned counsel for the petitioner. Also heard Mr. SS Roy, learned Junior Government Advocate for the respondents No.1, 4, 5, 6, 7, 8 and 9 being the authorities under the Home Department, Government of Assam, Mr. B Gogoi, learned counsel for the respondents No.2 and 3 being the authorities under the Finance Department of the Government of Assam as well as Mr. A Hasan, learned counsel for the respondent No.10 being the Accountant General (A&E) Assam.

(2.) The husband of the petitioner, Bhaskar Kalita was serving as the Sub Inspector in the Assam Police had joined his services on 28/3/2008 and he died on 4/5/2018. On his death, the petitioner being the wife of the deceased employee is being paid the family pension corresponding to the scale of pay that was applicable to the deceased husband of the petitioner when he died. Under the MACPS, the deceased husband of the petitioner was entitled to one financial upgradation on completion of ten years of service. Accordingly, upon completing ten years of service on 30/3/2018, the deceased husband of the petitioner was entitled to the MACPS benefit. In the circumstance, petitioner had made a claim that as the husband of the petitioner was entitled to one MACPS benefit, the petitioner be accordingly paid the pensionery benefits corresponding to a scale of pay which would include such MACPS benefit. But the claim stood rejected by the communication dtd. 31/7/2021 of the Deputy Inspector of Police (A) Assam. In the said communication, the Deputy Inspector of Police (A) Assam was of the view that the benefit of MACPS would have been applicable to the deceased husband of the petitioner from 1/1/2019 i.e. on the first day of January of the next year in which the employee concerned had completed 10 years of service and as on 1/1/2019 as the deceased husband of the petitioner was not alive, therefore, the benefit would not accrue to him. We are unable to agree with the reasoning of the Deputy Inspector of Police (A) Assam on the ground that the legal right which had already accrued to an employee during his service tenure cannot be taken away on the ground that at the time when the benefit is to be given the deceased employee is no more.

(3.) Mr. B Gogoi, learned counsel for the respondents has also been heard on the aforesaid question, but no proposition of law could be produced before the Court, which may indicate that the service benefit which may accrue to an employee during his service tenure can be denied because on the date on which the benefit is to be granted the employee is no more.