LALLIANSANGI Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. C. Zoramchhana, the learned counsel for the petitioner and Ms. Linda L. Fambawl, the learned Government Advocate, appearing for all the respondents.

(2.) Brief facts of the case may be noticed at the outset.

(3.) The mother of the petitioner i.e., Smt. Lalthansiami was working as a Upper Division Clerk (UDC) in the Establishment of the Executive Engineer, Kolasib Power Division, Power & Electricity Department (respondent No. 3). However, while working as such, she expired on 30.04.2014, leaving behind the petitioner and her 4 (four) other siblings. According to the petitioner, her 4 (four) other siblings have all attained the age of majority and they are all married and settled down. As for her, she got divorced with her husband on 20.01.2014 by way of 'Mak' and was living with her mother after she got divorced. Since her mother expired on 30.04.2014, the petitioner submitted an application before the respondent authority concerned sometime in the month of May, 2014, for grant of family pension to her. Her application was then forwarded to the establishment of the respondent No. 4 where after the marital status of the petitioner, besides other information was sought from the office of the respondent No. 3. Response to the said enquiry by the establishment of respondent No. 3 on 13.01.2015 was that the petitioner was married and was staying with her husband. Therefore, since married daughters do not have the right to claim family pension as per the relevant rules, the petitioner's application was rejected.