LAWS(GAU)-2022-2-79

ABHESWARI BASUMATARY Vs. STATE OF ASSAM AND 4 ORS.

Decided On February 15, 2022
Abheswari Basumatary Appellant
V/S
State Of Assam And 4 Ors. Respondents

JUDGEMENT

(1.) Heard Mr. S. Nath, learned counsel for the petitioner. Also heard Mr. NJ Khataniar, learned counsel for the respondents No.1, 2 and 4 being the authorities under the Elementary Education Department, Government of Assam, Ms. DD Barman, learned Additional Senior Government Advocate for the respondent No.3 being the Director of Pension and Public Grievances, Assam and Mr. A Hasan, learned counsel for the respondent No.5 being the authorities in the Accountant General, Assam.

(2.) The son of the petitioner Gopinath Basumatary was an Assistant Teacher in 253 No.Dahalapara LP School, Bijni and he was appointed on 27/1/1996 and received his regular scale of pay from 1998.

(3.) The son of the petitioner while in service died on 13/5/2007 in harness due to heart attack. This writ petition is instituted by the petitioner claiming for family pension under Rule 143 of the Assam Services (Pension) Rules 1969 (for short, the Rules of 1969) on account of the pensionable service rendered by her deceased son.