Guwahati: The High Court of Gahati in a recent assessment said the benefits, the legislative expanded to an unmarried daughter could be extended to divorced dependent daughters.
The court also saw that “there will be no big difference between a daughter who is not married or divorced because important land is the basis of dependence”.
The court deals with the application request submitted by Hasiba Begum, a divorganized daughter who divorced and the only subsequent relatives of her mother who died, Mehmuda Begum, after she was rejected by family pensions and other retirement benefits.
The applicant married in 2013 and divorced in 2014 and after it lived with his mother.
His mother, who worked as a kalalation in the Public Health Engineering Department, died in Harness in 2018.
After his mother died, the applicant had submitted a family pension and other retirement benefits rejected by the authorities.
Hasiba then moved the Gauhati High Court.
Advice for the Petitioner, Advocates D Saikia attracted the attention of the court on the scheme introduced in 2017 by the Ministry of Finance on the subject of “the scheme for a loving family retirement as a substitute for loving appointment”, which in the short term is also known as compassion.
Family Pension Scheme (CFP).
According to the scheme, the main objective of this policy is to support employees who are the only family and death winners in harness as a stop-gap setting.
If the family managed to defend himself for three years after the death of employees, there was no foundation for loving appointment.
Therefore, to replace the policy of appointments that exist in the reasons for compassion, the current scheme is introduced.
Furthermore, Saikia attracted the attention of the court to the Rules of Service Assam (Pension), 1969 (in short, the 1969 rule), more specifically ruled 143 (i) (d) which according to him, retirement of the family for the purpose of the rules will include small daughters who are not married and Amendment rules in 2018, where the words “unmarried little daughter” were replaced by “unmarried dependent daughter”.
The court said, “The legislature to introduce the amendment seems to be the benefit of the law to a larger part where the right to retire will not be locked up and determined at the age of beneficiaries..
Because minors have been replaced by dependents, It becomes clear that the determinants will be the dependence of the recipient’s daughter of government employees who die.
“The court further noticed that” because according to the law, underage marriage was a violation, the previous expression of unmarried little women would not make sense.
The only problem In this case, whether unmarried will also include a girl who has experienced divorce “.
Gahati HC expands family pensions for divorced children
