MANJULA RAY ADHIKARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.K. Das, learned counsel for the writ petitioner. I have also heard Mr. P. Nayak, learned Additional Advocate General (Finance), Assam as well as Standing Counsel, BTC, appearing for the respondent nos. 1 to 7 and 9 and Mr. R.K. Talukdar, learned Standing Counsel, Office of the AG (A&E), Assam, appearing for the respondent no. 8.

(2.) The writ petitioner herein is the widow of late Manik Chandra Ray, who died in harness on 7/12/2018 by leaving behind the writ petitioner and 2 (two) minor daughters,viz. Niharika Ray and Monalisa Ray as his dependents. According to the writ petitioner, after the premature death of her husband, she was entitled to the benefit of compassionate family pension under the special scheme notified by the Government of Assam vide notification dtd. 14/9/2017. As such, she had submitted as many as 3 (three) representations before the competent authority on 21/2/2019, 8/8/2019 and 17/12/2019 seeking the benefit of Compassionate Family Pension. However, by the impugned communication dtd. 4/11/2020, the prayer of the petitioner for payment of compassionate family pension had been rejected by the respondent no. 4 on the ground that the husband of the petitioner had not completed the minimum period of 1 (one) year of "complete" service so as to permit sanctioning of compassionate family pension. In the order dtd. 4/11/2020, it was further mentioned that a person must complete minimum 1(one) year service for CFP scheme.

(3.) The facts and circumstances of the case, briefly stated, are that on 5/3/2008, the Member Secretary, Central Selection Board, Bodoland Territorial Council (BTC), Kokrajhar, had issued an advertisement notice inviting applications for filling up a few posts lying vacant in the Council Head of the Department, Offices/District and Sub-Divisional Offices of the BTC area. In the said advertisement notice, the post of Junior Assistant/LDA (Grade-III) was mentioned. The advertisement notice dtd. 5/3/2008 had also mentioned that candidates who are already engaged in the offices of CHD/District/Sub-divisional Offices on fixed pay basis by the BTC, either in Grade-III or Grade-IV post also need to apply. That apart, it was also mentioned in the said advertisement notice that the candidates who are employed on fixed pay basis in Grade-III and Grade-IV posts in the BTC Secretariat to also apply as there is no sanctioned post in the BTC Secretariat at present.