STATE OF NAGALAND Vs. NISHEVI ACHUMI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned Judgment and Order dtd. 19/4/2021 passed by the High Court of Gauhati at Kohima in Writ Appeal No.21 of 2019 by which the Division Bench of the High Court has dismissed the said appeal and has confirmed the judgment and order passed by the learned Single Judge directing the appellant - State to regularize the services of the deceased husband of the respondent from one day earlier to his death and thereafter to pay the family pension to the Respondent, the State has preferred the present appeal.

(2.) The deceased husband of the respondent was working as work­charge Jugali. He died in harness on 28/8/2005 as work­charge employee. That in the year 2017 and after a period of twelve years from the death of the deceased employee, the respondent herein the widow/wife of the deceased employee filed a writ petition before the learned Single Judge claiming that the services of her late husband ought to have been regularized and therefore, she is entitled to the family pension. The learned Single Judge allowed the said writ petition and directed the appellant - State to regularize his services from one day prior to the date of his demise so that the respondent herein - original writ petitioner and her family members are entitled to pensionary benefits.

(3.) Ms. K. Enatoli Sema, learned counsel appearing on behalf of the State has vehemently submitted that the impugned judgment and order passed by the High Court directing the appellant - State to regularize the services of the deceased employee one day prior to his demise is absolutely unsustainable. She has made the following submissions: