WP(C) 2908/2010 BEFORE THE HON’BLE MRS JUSTICE ANIMA HAZARIKA Heard Mr SC Biswas, learned counsel appearing for the petitioner. Also heard Mr B. Sarma, learned Senior Standing Counsel, Central Excise Department appearing f or the respondents. Considering the grievance raised in the writ petition and as agreed to by the le arned counsel appearing for the parties, this writ petition is being disposed of at the admission stage itself. The petitioner’s case in brief is that her father late Shyam Sunder Das retired from service as Asstt. Commissioner, Customs (Preventive) Division, Karimganj o n on 30.1.1977 on attaining the age of superannuation. He expired on 27.2.2000. The mother of the petitioner pre-deceased her father and expired on 19.1.1991. Section 54(6)(iii) of the Central Civil Services (Pension) Rules, 1972 provides for entitlement of family pension to an unmarried daughter of a Government em ployee until she attains the age of twenty five years or until she gets married , whichever is earlier. It is also provided that if the son or daughter of a Gov ernment servant is suffering from any disorder or disability of mind including m ental retardness or a physically crippled or disabled so as to render him or h er unable to earn a living even after attaining the age of 25 years, the family pension shall be payable to such son or daughter for life, she being the only u nmarried disabled daughter, the petitioner applied for family pension before the respondent authority immediately after the death of her father but her prayer w as rejected orally on the ground that her disability is not as per prescribed pr ovision and she has already crossed 25 years of age at the time of expiry of her father. Being aggrieved, the petitioner has approached this Court praying for a directio n to the respondent authorities to finalize and make payment of family pension t o her with effect from March, 2000 onwards being the only unmarried disabled dau ghter of the Government employee late Shyam Sunder Das who retired from service as Inspector (SG), office of the Assistant Commissioner, Customs (Preventive) Di vision, Karimganj. An affidavit-in-opposition has been filed on behalf of the respondents wherein a t para 22 it has been stated that the benefit of family pension to the unmarried daughter is applicable financially from 6.9.2007 only. The relevant para 22 is quoted hereinbelow : That your deponent begs to submit that in view of the letter dated 25.02.2010 issued by the Government of India, Ministry of Personnel, P.G. & Pensions, Depar tment of Pension & Pensioner’s Welfare, it is clarified that the applicability o f the O.M. dated 06.09.2007 regarding family pension to unmarried daughter is p rospective only. Therefore, the benefit of family pension to the unmarried daugh ter is applicable from 06.09.2007. The writ petitioner herein in the instant cas e will get the financial benefit from 06.09.2007 and she will be eligible for th e benefits of the O.M. from the date of the death of the parents. But entitlemen t of financial benefit will be from 06.09.2007. The Government has approved the same with prospective effect. Accordingly, the writ petitioner will be entitled to the benefits in view of the O.M. In view of the clarification made at para 22 of the affidavit this writ petition is disposed of directing the authority to make payment of family pension to the petitioner on and from 6.9.2007. This will be done as expeditiously as possib le and in any case within a period of four (4) months from the date of receipt o f a certified copy of this order. In terms of the above, the writ petition stands allowed. No costs.