Continuous contractual service before regularization counts toward the one-year eligibility period for compassionate family pension.

The petitioner, widow of Late Prafulla Bora, sought Compassionate Family Pension (CFP) after her husband died in service on 21 November 2024, leaving her and their two minor children as dependants. He had served as a contractual Assistant Teacher under the Axom Sarba Siksha Abhiyan Mission and was appointed as a regular Assistant Teacher by order dated 2 September 2024.

The petitioner applied for CFP on 10 February 2025; the respondents rejected the claim on the basis that her husband had not completed one year of continuous service as a regular employee. She challenged that decision by writ petition.

Whether service rendered by the deceased as a contractual teacher before his appointment as a regular Assistant Teacher could count towards the one-year continuous-service requirement under the CFP scheme.

Whether the petitioner was entitled to have her CFP claim processed on that basis.

The Assam Government’s CFP scheme, notified on 14 September 2017, provides family pension at 100% of the deceased employee’s last pay until the date of deemed superannuation, subject to the requirement that the employee complete at least one year of continuous service without a break before death.

The Court held that eligibility must be assessed by reference to the scheme itself, which does not expressly restrict the relevant service to service after regularisation.

It relied on Kabiram Rajbangsi v. State of Assam, 1997 (1) GLT 589; Prem Singh v. State of Uttar Pradesh, (2019) 10 SCC 516; State of Gujarat v. Talsibhai Dhanjibhai Patel, 2022 LiveLaw (SC) 187; and Habib Ali Barbhuiya v. State of Assam, W.P.(C) No. 1777/2015, for the principle that continuous service rendered before regularisation may count towards qualifying service for pensionary benefits.

The Court found that the deceased had served continuously under the Government without a break from his contractual appointment until his death, and that his later appointment as a regular Assistant Teacher followed the relevant selection process.

Applying the cited authorities, it held that pre-regularisation service could be counted to meet the CFP scheme’s one-year requirement. Because the deceased’s continuous service exceeded that minimum, the respondents could not reject the claim solely because he had not completed one year in regular service.

The order directs processing and release within 45 days of receipt of a certified copy, and also states that the amount, including any arrears, should be released within 60 days.

The writ petition was allowed to that extent, with no order as to costs.