AYATUN NESSA Vs. STATE OF ASSAM

JUDGEMENT

(1.) An interesting, if not innovative question has arisen for decision in the present case in the following facts.

(2.) The husband of the writ petitioner who was a Constable in the Assam Police retired on medical ground on 17.6.1957. After his retirement, the petitioner was married to him on 24.2.58 and thereafter, lived together as the husband and wife till he died on 25.1.2000. After retirement on medical ground in the year 1957, the petitioner's husband received his pension and after his death on 25.1.2000, a claim for family pension having been raised by the wife, the same was answered against her by the office of the Accountant-General. The aforesaid refusal to grant family pension is embodied in the communications dated 9.10.2001 and 9.1.2002. The ground of such refusal appeals to be that as the validity of a marriage after retirement of an incumbent for purposes of family pension had been recognized by the amendment to the Assam Services (Pension) Rules, 1969 made with effect from 18.1.95, the petitioner would not be entitled to family pension as the marriage of the petitioner had taken place prior to the amendment of the Pension Rules. Aggrieved, the instant recourse to the writ remedy has been made by the writ petitioner.

(3.) I have heard Dr. B. Ahmed, learned counsel for the petitioner, Mr. N. C. Phukan, learned Govt. Advocate, Assam and Mr. C. Choudhury, learned senior C.G.S.C.