LAWS(GAU)-2007-6-35

LALHUAMI Vs. STATE OF MIZORAM

Decided On June 01, 2007
LALHUAMI Appellant
V/S
STATE OF MIZORAM Respondents

JUDGEMENT

(1.) HEARD Mr. Joel J. Denga, learned counsel appearing for the petitioner. Also heard Ms. Helen Dawngliani, learned Asstt. Govt. advocate for the State respondent.

(2.) THE present case relates to the claim for family pension by the writ petitioner who is aged about 78 years and who claims benefit of family pension as dependent mother of the deceased Govt. servant, Lalhliappuii who died on 26. 3. 1994 while serving as Weaving Demonstrator in the Govt. of Mizoram. On death of the Government servant her daughter Ruth Lalruatmawii (for short Ruth) was granted family pension up to 11. 6. 2006, till Ruth attain the age of 25 years. After the daughter of the deceased Govt. servant became 25 years old, the family pension drawn by her on her mother's account was stopped. The petitioner who was fully dependent for her living on her daughter who died on 26. 3. 1994, was thereafter looked after by her grand daughter Ruth, who sustained writ petitioner on the family pension received by her as the daughter of the deceased Govt. servant.

(3.) BY representation dated 17. 7. 2006, the petitioner requested the authorities for grant of family pension to her in terms of the Office Memorandum dated 21. 7. 1999 issued by the Government of India on the basis of recommendation made by the 5th Central Pay Commission granting family pension to parents, sons and daughters of a deceased Govt. servant.