Page No.# 1/5 GAHC010241572025 2025:GAU-AS:17236 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7077/2025 DIPSHIKHA BISWAS D/O- LATE MATILAL DAS, RESIDENT OF VILLAGE NEAR OVER BRIDGE, STATION ROAD, TARAPUR, SILCHAR, PO AND PS SILCHAR, DISTRICT CACHAR, ASSAM, PIN 788003 VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR, GUWAHATI 6 2:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT WATER GOVT OF ASSAM HENGRABARI GUWAHATI 36 3:THE EXECUTIVE ENGINEER PHE SILCHAR DIVISION NO 1 SILCHAR DISTRICT CACHAR PIN 788006 4:THE ACCOUNTANT GENERAL A AND G MAIDAMGAON BELTOLA GUWAHATI 29 5:THE DIRECTOR GOVT OF ASSAM PENSION AND PUBLIC GRIEVANCE DEPARTMENT Page No.# 2/5 GOVT OF ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI 6 6:THE COMMISSIONER AND SECRETARY GOVT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI Advocate for the Petitioner : MR. L R MAZUMDER, MR. A ISLAM Advocate for the Respondent : SC, P H E, SC, AG (A AND E),GA, ASSAM,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER Date : 12.12.2025 1. Heard Mr. L. R. Mazumder, learned counsel for the petitioner. Also heard Ms. M. Kalita, learned counsel for the respondent Nos.1, 2 & 3, Mr. D. Bora, learned Government Advocate appearing on behalf of the respondent No.5, Mr. C. Baruah, learned Government Advocate appearing on behalf of respondent No.4 and Mr. P. Nayak, Additional Advocate General, Finance Department appearing on behalf of respondent No.6. 2. This writ petition is filed by the petitioner who claims to be the daughter of Late. Smt. Debika Das, who was employed as a Tracer in the Office of the Executive Engineer, Public Health Engineering Department, Division No.I, Silchar, Cachar. The mother of the petitioner expired on 05.04.2025, leaving behind the petitioner as the sole dependent. The petitioner although was married, subsequently her marriage ended in a divorce and she was residing with her mother, who was the sole bread earner for the family including the writ Page No.# 3/5 petitioner. 3. Pursuant to the superannuation of the mother of the writ petitioner she was being paid pension on account of her retirement from service. The petitioner approach the Authorities for grant of family pension, which by submitting all necessary documents, however the respondents have treated her to be married and therefore declined to grant family pension. Being aggrieved, the petitioner is before this Court. 4. Learned counsel for the petitioner has referred to a Judgment of this Court rendered in WP(C) No.-8395/2019, whereby the co-ordinate Bench by Judgment dated 30.11.2021 had disposed of a similar writ petition recognizing the rights of a divorced daughter. The co-ordinate Bench had held that a divorced daughter is also entitled to the pension subject to the Authorities being satisfied on the dependency factor. 5. Learned counsel for the petitioner prays for similar directions to the respondents. The learned counsels for the respondents do not dispute this position in law. 6. Learned counsel at the bar submits that there is no writ appeal against this order and accordingly the Judgment has attained its finality. 7. Having perused the pleadings available on record as well as the Judgment, which has been pressed into service, it is seen that the Judgment has elaborately discussed the entitlement with regard to the grant of family pension in respect of a divorced daughter. 8. This Court, a co-ordinate Bench upon considering the matter in its entirety held as under: i. This Court is of the view that since the intention of the Page No.# 4/5 Legislature is to support a dependent daughter who is unmarried and the emphasis is on the dependency of such daughter upon the deceased Government Servant, the same benefit may be extended to a divorced dependent daughter. This Court is of the view that there will not be a major difference between an unmarried or a divorced daughter as the pivotal ground is the ground of dependency. This Court has also noticed that being an unmarried daughter, per se shall not make such a daughter eligible for the family pension and it would be incumbent upon such unmarried daughter to establish her dependency on the deceased Government Servant, juxtaposition a divorced daughter, such obligation would still remain and may be perhaps with some additional conditions connected to receipt of alimony etc. which has been indicated above. In the instant case, This Court has also noticed that the divorce was on 24.09.2014 and the Scheme had undergone the amendment on 14.09.2017 and the death of the mother was on 17.10.2018. Therefore, there is no manner of doubt regarding the applicability of the amended Scheme in the context of the various dates of the present case. ii. This Court is also guided by the observations of the Hon'ble Supreme Court while dismissing the SLP filed by the Union of India in the case of Khajani Devi (Supra) which records that the order recognizing the right of the divorcee dependent daughter to receive the benefit adopts a progressive and socially constructive approach to a daughter who was divorced treating her at parity with the unmarried daughter. iii. In that view of the matter, this Court is of the view that the petitioner, who is a divorced daughter and was dependent on her deceased mother is entitled to the family pension subject to the condition that the authorities may be satisfied on the dependency factor by incorporating additional queries, as may deem fit and appropriate. Page No.# 5/5 9. Having noticed the directions of the co-ordinate Bench, this Court is also persuaded to close this writ petition by issuing similar directions to the respondents to consider the case of the petitioner for grant of family pension in view of the expiry of her late mother, namely Debika Das, who expired on 05.04.2025 by making necessary verifications into the dependency factor. 10. With the aforesaid direction, this writ petition stands disposed of. JUDGE Comparing Assistant