Page No.# 1/5 GAHC030004572025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/87/2025 Smt. Zothanpari D/o Basir Ahmed Choudhury (Chuauva) (L) R/o H/No. 145, Hmarveng-I Kolasib, Mizoram VERSUS The Secretary to the Govt. of Mizoram and 4 Ors. Public Works Departmnet, Aizawl 2:The Deputy Director (Admn.) 3:The Chief Controller of Accounts 4:The Assistant Director (Pension) 5:The Treasury Office Advocate for the Petitioner : Mr Lalchhanliana Khiangte Advocate for the Respondent : Addl. AG/GA, Mizoram for R 1-5 Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 09.06.2026 Heard Mr. Lalchhanliana Khiangte, learned counsel for the petitioner. Also heard Ms. Lalnunhlui, learned Government Advocate for the State respondents. 2. The petitioner claims to be the widowed daughter of the deceased Government Servant Sh. Chuauva (L)/Sh. Basir Ahmed Choudhury, Ex-Overseer G-II under the Public Works Department, Govt. of Mizoram, who retired on 01.03.1981. The petitioner’s father was thereafter given his pension vide PPO No. MR/164/F till his death on 11.07.1997. 3. After the death of the petitioner’s father, the petitioner’s mother Thanzuali started receiving family pension and on her death on 03.02.2017, the family pension was passed over to the petitioner’s unmarried younger sister Zodingpuii on 11.03.2017. As the petitioner’s younger sister Zodingpuii got married on 06.02.2000, family pension was stopped from November, 2000, on being surrendered by the petitioner’s younger sister Smt. Zodingpuii. 4. The petitioner thereafter applied for passing over of the family pension to herself, being the widowed daughter of the Government Servant in terms of Rule 54(6)(iii) of the CCS (Pension) Rules, 1972. Page No.# 3/5 5. The petitioner’s counsel submits that despite there being no denial by the State respondents that the petitioner is the daughter of the deceased Government Servant Sh. Chuauva (L), family pension has not been paid to her, only on the ground that the personal file of the late Chuauva/Basir Ahmed Choudhury could not be located by the Public Works Department, Govt. of Mizoram. 6. The petitioner’s counsel submits that he does not wish to press his prayer for payment of interest for delayed payment of family pension. 7. Ms. Lalnunhlui, learned Govt. Advocate for the respondents submits that as provided in paragraph No. 9 of the affidavit-in-opposition filed by the respondent Nos. 1 – 5, the family pension could not be paid to the petitioner, as the file pertaining to the late Chuauva could not be located. 8. I have heard the learned counsels for the parties. 9. Rule 54(6)(iii) of the CCS Pension Rules, 1972 and Rule 50(9)(a)(ii) of the CCS Pension Rules, 2021 provide as follows:- “Rule 54 (6) The period for which family pension is payable shall be as follows:- (iii) subject to second and third provisos, in the case of an unmarried or widowed or divorced daughter, until she gets married or remarried or until she starts earning her livelihood, whichever is earlier. Page No.# 4/5 Rule 50 Family Pension – Where a Government Servant dies:- (9)(a) If the deceased Government servant or the pensioner is not survived by a widow or widower or if the widow or widower dies or ceases to be eligible for family pension, family pension at the rate specified in sub-rule(ii) shall be payable to the child or children who fulfill the following conditions:- (ii) in the case of a daughter (other than a daughter suffering from a mental or physical disability) (including adopted daughter, step daughter and daughter born after retirement of the pensioner) – unmarried or widowed or divorced and not earning her livelihood.” 10. As it is clear that a widowed daughter is also entitled to payment of family pension, the State respondents will have to pay to the petitioner, family pension as she has claimed to be the widowed daughter of the deceased Government Servant, late Chuauva/Basir Ahmed Choudhury. However, the grant of family pension to the petitioner is subject to the condition that she does not earn her livelihood in any other manner. 11. The excuse taken by the State respondents that they cannot process the petitioner’s case, as they cannot locate the personal file of late Chuauva/Basir Ahmed Choudhury cannot be a stumbling block to provide family pension to the petitioner, if she has all the requirements for being granted family pension. Accordingly, the State respondents are directed to re-construct the personal file of the deceased Government Page No.# 5/5 Servant late Chuauva/Basir Ahmed Choudhury and in this respect, the petitioner shall also provide assistance to the authority when asked, for reconstructing the file. The entire reconstruction process of the personal file of late Chuauva/Basir Ahmed Choudhury should be completed within a period of one (1) month from the date of receipt of a copy of this Order. Thereafter, if the petitioner is entitled to payment of family pension in terms of the Rules mentioned above, the petitioner should be granted family pension w.e.f. 23.07.2022, which is three (3) years prior to the date of filing the writ petition. 12. Writ petition is accordingly allowed. JUDGE Comparing Assistant