PRANITA KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. I.H. Saikia, learned counsel for the petitioner. Also heard Mr. D. Borah, learned Junior Government Advocate for the respondents Nos. 3 and 4; Mr. C. Baruah, learned Standing Counsel, Accountant General for the respondent No.5 and Ms. P. Chakrabarty, learned Standing Counsel, Water Resource Department for the respondents Nos.1 and 2.

(2.) The claim of the writ petitioner is that her father namely Lt. Soneswar Kalita who was working as a Khalasi in the Department of Flood Control under the Executive Engineer, Lower Assam INV Division, Barpeta Road superannuated from service on 31/12/2000. Thereafter, her late father had received pension regularly. On 5/3/1998 the petitioner got married but unfortunately her marriage culminated into a divorce and thereafter, she lived in her parental house along with her parents. It is the claim of the writ petitioner that she did not receive any maintenance or alimony from the divorced husband. Her late father was the sole source of income for the petitioner as well as her mother. The mother of the petitioner pre-deceased of her father on 21/6/2005. Subsequently, the father of the petitioner also expired on 23/10/2020 leaving behind the petitioner as the sole legal heir. The petitioner claims to be surviving somehow by rendering service in a local Anganwadi Centre and she receives an honorarium of Rs.6,000.00 only. The petitioner thereafter, approached the authorities concerned by filing necessary applications requesting for consideration of her case for grant of family pension. However, it did not receive due consideration from the Department and the matter was kept pending and as a consequence, thereof, the petitioner approached before this Court.

(3.) The learned counsel for the petitioner submits that the petitioner is the sole legal heir and the same is not disputed by the respondents. They have also not disputed the fact that the petitioner is presently surviving by earning an honorarium of Rs.6,000.00 as an Anganwadi Worker.