WP(C) 2613/2006 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. R. Dutta, the learned counsel for the petition er as well as Mr. D. Saikia, the learned counsel appearing for the respondent No s.1 and 3 and Mr. R. Ali, the learned counsel appearing on behalf of the respond ent No.4. None appears for the respondent No.2. The petitioner, who claims to be an unmarried daughter o f Late Binod Behari Dey, who was the Process Server of the Circle Officer, Katig orah Revenue Circle in the district of Cachar, by the present petition is prayin g for a direction to the respondents Authorities for payment of family pension p ayable to the unmarried daughters of a Government servant under the provisions o f the Family Pension Rules, 1954. It is the contention of the petitioner that h er father retired from service on attaining the age of superannuation on 31-03-1 995 and had expired on 22-09-2004. According to the petitioner, her mother pred eceased her father. Further contention of the petitioner is that though their p arents left behind 4 (four) unmarried daughters including the petitioner, who is also physically handicapped being deaf and dumb, no family pension payable to t hem has been paid by the respondents Authorities despite the claim made for that purpose. No affidavit-in-opposition has been filed by the respond ents though the writ petition is pending before this Court since 26-05-2006. In the absence of any affidavit-in-opposition controverting the factual aspects of the matter in issue, such factual aspects as asserted by the petitioner on oath in the writ petition have to be accepted. The petitioner claimed that her father, who was a Proces s Server and retired from service on attaining the age of superannuation on 31-0 3-1995, had expired on 22-09-2004 leaving behind four unmarried daughters includ ing the petitioner, who is physically handicapped being deaf and dumb. The moth er of the petitioner predeceased their father. According to the petitioner, no family pension has been paid though they are entitled to the same. It is not dispute that the rules of family pension is ap plicable in the case in hand. Sub-Rule 3 of Rule 137 provides that the family for the purpose of Rule 137 will be as defined in Sub-Rule 1(a) of Rule 136. S ub-Rule 1(a) of 136 defines the ’family’, which includes - (i) wife in the case of a male officer; (ii) husband in the case of a female officer; (iii) sons; (iv ) unmarried and widowed daughters; (v) brothers below the age of 18 years and un married or widowed sisters; (vi) father and (vii) mother. It also provides that sons and unmarried and widowed dau ghter would also include the stepchildren and adopted children. Sub-Rule 5 of Rule 137 stipulates that except as may be provided by a no nomination under Sub-Rule (6):- (a) a pension sanctioned under this section will be allowed:- (i) to the eldest surviving widow, if the decease d is a male officer or to the husband, if the deceased was female officer; (ii) failing a widow or husband, as the case may be, to the eldest surviving son; (ii i) failing (i) and (ii), to eldest surviving unmarried daughter. It is not the case that any nomination has been made in respect of family pension by the father of the petitioner. As noticed above, th e mother of the petitioner predeceased her father. It is also the case of the pe titioner that Binod Behari Dey had no son and he left behind only four daughters , who are unmarried, which includes the petitioner, who is physically handicappe d. It has been submitted by Mr. Saikia, the learned counsel appearing on behalf of the respondent Nos.1 and 3 that a separate Department, n amely Pension and Public Grievances, has been created by the Government of Assam in the year 1986 for payment of pension and other retrial benefits to the Gover nment servant and hence necessary direction may be issued to the Commissioner & Secretary of the said Department to implement the direction relating to payment of family pension, that may be passed. The Authority is bound to pay the family pension to the unmarried daughters in terms of the provisions of the Family Pension Rule, 1954 since the wife of Binod Behari Dey predeceased him and he had no son(s). The re spondent Authorities are, therefore, directed to pay the arrear and current fami ly pension payable to the unmarried daughters of Binod Behari Dey within a perio d 2 (two) months from the date of the production of the certified copy of the or der passed today before the Commissioner & Secretary to the Government of Assam in Pension and Public Grievances. The future family pension shall be paid regul arly. The writ petition is accordingly allowed. No cost.