Kunti Goswami v. Parul Saharia and 4 Ors

ORDER

20.11.2023 Heard Ms. K. Devi, learned counsel for the applicant. Also heard Mr. M. Hussain, learned counsel for the opposite party No. 1. This interlocutory application has been filed by the applicant who claims to be the dependent mother of the deceased employee. The claim of the applicant is that she is also covered under the Provisions of Rules 143 of the Assam Pension Rules as a dependent mother and she is entitled to claim for family pension. Accordingly, this I.A. has been filed seeking impleadment of the respondent No. 6 in the W.P.(C) No. 7859/2022. The applicant submitted before the Court that the petitioner is not legally married wife and as such no marriage was solemnized which is recognised in law. It is submitted that the applicant who was the mother was Page No.# 4/5 entirely dependent on his son. Consequently, the claims of the petitioner for family pension should not be considered. On the contrary, the applicant as the dependent, mother is entitled for family pension under the provisions of Rule 143 of the Pension Rules. The petitioner/opposite party No. 1 who claims to be the widow of the deceased employee has filed objection objecting to the prayer made by the applicant seeking impleadment. The learned counsels for the parties have been heard. Pleadings available on record are carefully perused. In terms of the amendment carried out to Rule 143 of the Assam Pension Rules, family for the purposes of the Rules includes mother besides the widow. The applicant seeks impleadment on the ground that the petitioner was not legally wedded to the deceased Government Servant and therefore, the applicant has a better claim than the writ petitioner towards the family pension of the deceased Government servant-who was her son. Under the provisions of Rule 143 of Pesion Rules, if the petitioner's claim as the widow of the deceased Government Servant is found to be not tenable during the hearing of the writ petition, then the applicant as a mother will be entitled to stake her claim a family member. As such, the question whether alongwith the surviving widow of the Government servant, family pension would also be payable to the mother is an issue which will require determination in the writ petition which is presently pending disposal. For proper adjudication of the issues involved, this Court is of the considered view that the prayer of the applicant deserves to be allowed. Accordingly, the I.A. stands allowed. The applicant is directed to be arrayed as party respondent No. 6 in W.P.(C) No. 7859/2022. Page No.# 5/5 The I.A. stands allowed and disposed of. The opposite party No. 1/petitioner will file amended cause title before the Registry within one week from today. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010209862023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2800/2023o KUNTIoGOSWAMIo W/OoLATEoNARAYANoGOSWAMI,oR/OoKHARKHOWAPARA,oP.O.o DEOMORNOI,oDARRANG,oASSAM. VERSUSo PARULoSAHARIAoANDo4oORS.o WIDOWoOFoLT.oBISWAJEEToGOSWAMI,oR/O.oBARIGAON,oP.O.oBARIGAON,o NO,2,oDIST.oDARRANG,oPIN-784147,oASSAM. 2:THEoSTATEoOFoASSAM oREP.oBYoCOMMISSIONERoOFoTAXES oASSAM oOFFICEoOFoTHEoCOMMISSIONERoOFoTAXES oDISPUR oGUWAHATI-781006 oKAMRUPo(M) oASSAM. 3:COMMISSIONERoOFoTAXES oOFFICEoOFoTHEoCOMMISSIONERoOFoTAXES oDISPUR oGUWAHATI-781006 oKAMRUPo(M) oASSAM. 4:THEoSUPDT.oOFoTAXES oM.B.oROAD oTANGLA-784525 Page No.# 2/5 DIST. UDALGURI (BTR) ASSAM. 5:THE UNDER SECRETARY TO THE GOVT. OF ASSAM FINANCE (TAXATION) DEPTT. JANATA BHAWAN DISPUR GUWAHATI-06 Advocate for the Petitioner : MRS. K DEVI Advocate for the Respondent : SC, FINANCE AND TAXATION Linked Case : WP(C)/7859/2022 PARUL SAHARIA WIDOW OF LT. BISWAJEET GOSWAMI R/O. BARIGAON P.O. BARIGAON DIST. DARRANG PIN-784147 ASSAM. VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY COMMISSIONER OF TAXES ASSAM OFFICE OF THE COMMISSIONER OF TAXES DISPUR GUWAHATI-781006 KAMRUP (M) ASSAM. 2:COMMISSIONER OF TAXES OFFICE OF THE COMMISSIONER OF TAXES DISPUR GUWAHATI-781006 Page No.# 3/5 KAMRUP (M) ASSAM. 3:THE SUPDT. OF TAXES M.B. ROAD TANGLA-784525 DIST. UDALGURI (BTR) ASSAM. 4:THE UNDER SECRETARY TO THE GOVT. OF ASSAM FINANCE (TAXATION) DEPTT. JANATA BHAWAN DISPUR GUWAHATI-06. ------------ Advocate for : MR. A K DAS Advocate for : SC TAXES appearing for THE STATE OF ASSAM AND 3 ORS BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA