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2025 DAILYLAW 21034 (GAU)

PRATIVA DAS v. THE UNION OF INDIA AND 2 ORS

WP(C)/7980/2022 · 2025-08-31

Manish Choudhury

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/2 GAHC010249632022 2025:GAU-AS:11788 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7980/2022 PRATIVA DAS D/O- LT. ROSOMOY CHANDRA DAS, R/O- VILL- CHUTRA SANGAN, P.S. BORKHOLA, DIST.- CACHAR, ASSAM VERSUS THE UNION OF INDIA AND 2 ORS REP. BY THE JOINT SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF DEFENCE, DEPTT. OF EX-SERVICEMEN WELFARE, NEW DELHI- 110011 2:THE PRINCIPAL C.D.A. (PENSIONS) ALLAHABAD 3:THE COMMANDER 444 ASC COY SUPPLY MASIMPUR DIST.- CACHAR ASSA Advocate for the Petitioner : MR. J LASKAR, MR R DAS Advocate for the Respondent : DY.S.G.I., MRS. A GAYAN (C.G.C.) BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 01.09.2025 Page No.# 2/2 Heard Mr. J. Laskar, learned counsel for the petitioner and Ms. A. Gayan, learned Central Government Counsel [CGC] for the respondents. The petitioner has preferred the instant writ petition claiming family pension on the ground that the petitioner is the divorced daughter of the pensioner. The Government of India in the Ministry of Defence framed a Policy dated 17.11.2017 laying down that a divorced daughter of a pensioner who fulfill the conditions prescribed therein would be eligible for family pension if a decree of divorce had been issued by the competent Court during the lifetime of at least one of the parents. Though the petitioner in this writ petition has claimed pension on the ground that the petitioner is a divorced daughter of the pensioner, Late Rosomoy Chandra Das, the petitioner has not annexed any decree obtained from Court to support such claim. Mr. Laskar, learned counsel for the petitioner has submitted that the writ petition may be closed at this stage reserving the liberty to the petitioner to approach the Court with better particulars. Ms. Gayan, learned CGC has submitted that she has no objection to the submission made by the learned counsel for the petitioner. In view of the above submission made by Mr. Laskar, learned counsel for the petitioner, the writ petition is closed at this stage. However, liberty stands reserved to the petitioner to seek appropriate remedy with better particulars under the law. JUDGE Comparing Assistant