SHAMMIM RAHMAN ALIAS QUEEN MARY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. T. Yangi assisted by Ms. K.Das, learned counsel for the petitioner and also heard Shri S. Chakravarty, learned counsel for the respondents.

(2.) Upon hearing the learned counsel on both sides, it appears to me that the writ petitioner has made a prayer in her writ petition for a direction to the respondents to act on the terms of the office memorandum dated 18.6.85, No.1(11)/85-PV and another office memorandum No.D.G.(P) No.4-5/95-PEN dated 15.3.95 as in Annexure VI to the writ petition and settle the total amount of family pension legitimately entitled to be received by her late mother Sulema Khatoon during her life time and afford the same to the writ, petitioner who is the only legal heir of the deceased Sulema Khatoon and late Sayeed Choudhury tqgether with interest and cost thereof. According to the writ petitioner, her father late Sayeed Choudhury expired sometime in the year 1942 and her mother Sulema Khatoon also expired on 30.7.95 at Shillong. The factum of the demise of her parents is supported by the two affidavits and death certificates as in Annexures I, II, and III to the writ petition. During the lifetime of late Sayeed Choudhury, he was serving as a clerk in the Income Tax Department in Dibrugarh and joined the said Department sometime in the year 1927-1928 when the Income Tax Office was first started at Jorhat under the Superintendent of Excise, and the said Syeed Choudhury died sometime in the year 1942 when he was in service in the Income Tax Department in Dibrugarh, Assam. It is also the case of the writ petitioner that, in terms of the related office memorandums dated 18.6.1985 & 16.12.85 /No. l(ll)/85-PU, No.l(32)/94-P&PW(L) dated 9.2.1995 and another office memorandum No. D.G.(P) No.4-5/95-PEN dated 15.3.95 as in Annexure VI to the writ petition relating to grant of family pension to the families of Government servants who retired or died before 1.1.64 or otherwise not covered by the family pension scheme of 1964; the deceased mother of the writ petitioner was entitled to such pensionary benefits and the arrears of family pension are admissible in such cases with effect from 22.9.77 or from subsequent date she became eligible for family pension whichever is later. After the death of her father and after ascertaining the existence of the above memorandums regarding the pensionary benefits mentioned above, her late mother Sulema Khatoon, submitted an application in or around the month of November/December, 1990 for grant of family pension in terms of the aforesaid memorandums with supported affidavits dated 7.8.89 swor n by herself to the effect that she is the wife of late Sayeed Choudhury whc died in harness in the year 1942 leaving behind herself and her only daughter who is the present Writ petitioner, and, also another affidavit dated 20.8.89 sworn by Dr. Md. Illiyas. The said application was duly attended by the Asstt. Commissioner of Income Tax, HQs for Commissioner of Income Tax, North East Circle, Shillong, and thereafter, the said Assistant Commissioner requested the Deputy Commissioner of Income Tax, Dibrugarh to take necessary steps in the matter and forward the same to the former's office for taking necessary action on the application of Smti. Sulema Khatoon. This letter dated 17/18 June, 1992 issued by the said Asstt. Commissioner, finds it place in the document marked as Annexure IV to the writ petition.

(3.) In the year 1995, Smti.Sulema Khaton filed another representation to the Deputy Commissioner of Income Tax, the third respondent herein, reminding her original application for grant of family pension and also, the action taken by the office of the Commissioner, Income Tax, North Eastern Region, Shillong, in the matter vide her letter/representation dated 9.6.95 as in Annexure V to the writ petition. But, the respondents paid no heed together claim of the said Sulema Khatoon till date and she died without getting/knowing the result and fate of her said applications for grant of family pension. Having no alternative, the present writ petitioner who is the only daughter and legal heir of the deceased Sayeed Choudhury and Sulema Khatoon, filed this writ petition for ventilating her grievances.