Page No.# 1/5 GAHC010062812024 2025:GAU-AS:1905 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1728/2024 BANANI DEB W/O LATE BABUL MITRA, PRESENTLY RESIDING AT WARD NO. 9, SANTIPARA, PO AND PS LANKA, DIST HOJAI ASSAM 782446 VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR GUWAWHATI 06 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT GUWAHATI 781006 3:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT DISPUR GUWAHATI 06 4:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19 5:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI 29 6:THE DISTRICT COMMISSIONER NAGAON ASSAM 782003 7:THE INSPECTOR OF SCHOOLS NAGAON DISTRICT CIRCLE Page No.# 2/5 NAGAON ASSAM 782003 8:SMTI PADMA MITRA W/O LATE NARENDRA CHANDRA MITRA RESIDENT OF SANTIPUR HAIBORGAON PO HAIBORGAON PS NAGAON SADAR DIST NAGAON ASSAM 78200 Advocate for the Petitioner : MR. P J SAIKIA, MS. S P DAS,MS. M PAUL Advocate for the Respondent : GA, ASSAM, MR. A CHAMUAH (r-8),SC, SEC. EDU.,SC, AG (A AND E),SC, FINANCE BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 24-02-2025 Heard Mr. P. J. Saikia, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned counsel for the respondent No. 3, Ms. P. Das, learned counsel for the respondent Nos. 1, 4 & 7, Mr. D. Bhattacharjee, learned counsel for the respondent No. 6, Mr. R. Borpujari, learned counsel for the respondent No. 2 and Mr. A. Lahkar, learned counsel appearing on behalf of Mr. A. Chamuah, learned counsel for the respondent No. 8. 2. The petitioner’s claim for payment of compassionate family pension due to the death of her husband Babul Mitra on 09.12.2022, has been challenged by the respondent No. 8, who is the mother-in-law of the petitioner. The challenge is on the ground that in terms of Section 8 of the Assam Employees’ Parent Responsibility and Norms for Accountability and Monitoring Act, 2017, hereinafter called the Pranam Act, 2017, the petitioner’s mother-in-law, should be given 10% of the monthly gross salary of the deceased. Page No.# 3/5 3. Mr. P. J. Saikia, learned counsel for the petitioner submits that the petitioner does not have any objection to the respondent No. 8 being given 10% of the gross monthly salary of the deceased, in terms of Section 8 of the Pranam Act, 2017. 4. Mr. D. Bhattacharjee, learned counsel for the Accountant General office, submits that the Accountant General office has no role to play in the initiation of the proposal for grant of compassionate family pension to the petitioner and apportionment of the same to the respondent No. 8, so long as the concerned Departments and the Directorate of Pension approve the same. 5. The counsel for the respondent No. 8 submits that the respondent No. 8 does not have any objection if the respondent No. 8 is granted 10% of the gross monthly salary of the deceased, payable to the petitioner. 6. I have heard the learned counsels for the parties. 7. In terms of Rule 143 of the Assam Services (Pension) Rules, 1969 (hereinafter referred to as the 1969 Rules), “family” for the purpose of the 1969 Rules will include the following relatives of the officer : “(a) Wife, in the case of a male officer; (b) Husband, in the case of a female officer; (c) Minor sons; and (d) Unmarried minor daughters.” 8. In view of the Rule 143 of the 1969 Rules, it appears that the first choice for grant of family pension would fall on the spouse of the deceased officer. Thereafter, the next choice would be the minor sons and the last would be the unmarried daughters. However, the issue here is not with regard to payment of Page No.# 4/5 family pension but for payment of compassionate family pension due to Government servant dying-in-harness. Section 8 of the PRANAM Act, 2017 provides that dependent parents of the Government servant can be given apportioned 10% of the monthly gross salary of the deceased employee, if the designated authorities considers it appropriate and the same can be raised upto 15% of the monthly gross salary, if there is an exceptional reason for the same. 9. Section 8 of the Assam Employees’ Pranam Act, 2017 states as follows:- “8. Quantum of Apportioned Salary and Ceiling thereon: If the Designated Authority considers appropriate, it shall sanction the apportioned salary of the employee to his dependent parents/ divyang siblings within the period of ninety days as mentioned in section 7 and issue directions to the Drawing and Disbursement Officer concerned clearly stating the apportioned amount to be paid on monthly basis directly to the dependent parents with effect from the succeeding month of the date of the order: Provided that such apportioned amount shall not exceed 10% of the monthly gross salary being paid to the employee except in exceptional cases only where it may go up to 15% of the monthly gross salary.” 10. A perusal of the provisions of the PRANAM Act, 2017 goes to show that the same has been made to provide monetary relief for the parents and divyang siblings of the deceased Government servant, as there have been instances of negligence of the parents and the divyang siblings. As such, when a Government servant dies-in-harness, the PRANAM Act, 2017 provides that the family of the deceased Government servant would be given the pay of the deceased Government servant till the date of his expected date of retirement. The parents and the divyang siblings would be entitled to 10% of the monthly gross salary of the deceased employee, if the designated authorities consider it Page No.# 5/5 appropriate and in exceptional cases, the same may rise to 15% of the monthly gross salary. However, from the date of the actual date of retirement of the deceased employee, family pension would have to be given in terms of the 1969 Rules. 11. On considering the fact that there is a consensus between the parties that the respondent No. 8 should be given 10% of the gross monthly salary of the deceased, being the mother of the deceased, this Court directs the designated authority, in terms of the Assam Employees’ Pranam Act, 2017, to apportion 10% of the gross monthly salary of the deceased Government servant for payment to the respondent No. 8. The remaining 90% of the gross monthly salary of the deceased Government servant should be given to the petitioner in terms of the compassionate family pension scheme provided in the PRANAM Act, 2017. In this respect, the petitioner and respondent No. 8 should provide the bank account number etc., to the respondent authorities for monthly deposit of the apportioned amounts. The entire proposal for payment of the apportioned amounts to the petitioner and the respondent No. 8, should be concluded within a period of 3 (three) months from the date of receipt of a certified copy of this order. 12. The writ petition is accordingly disposed of. JUDGE Comparing Assistant