LAWS(MANIP)-2013-2-4

ZINNGAIHNIANG Vs. STATE OF MANIPUR

Decided On February 19, 2013
Zinngaihniang Appellant
V/S
STATE OF MANIPUR Respondents

JUDGEMENT

(1.) HEARD Ms.Ch.Robinchandra, learned counsel for the petitioner, Mr.Jagat, learned GA appearing for respondent Nos.1, 2, 3 and 4 as well as Mr.C.Kamal, learned CGSC appearing for respondent No.5.

(2.) THE facts sufficient for deciding the issue involved in the present writ petition is briefly noted. The petitioner's husband late, Shri Zamchinlam, during his lifetime served as work -charged lineman for about 11 years and 6 months. Late, Shri Zamchinlam, was appointed as work -charged Assistant Lineman vide Office Order No.232 dated 06.12.1980, issued by the Chief Engineer (Elect), Government of Manipur and posted at Churachandpur Division. The petitioner's husband late, Shri Zamchinlam, while discharging his official duty, on 03.07.1992 for checking the electricity line from post to post and domestic connections from the main line to the nearby houses, suddenly there was explosion of a powerful bomb on the Tiddim Road near Thuthang Press Office at about 1.40 p.m. And in that bomb blast the petitioner's husband late, Shri Zamchinlam, was seriously injured and latter on succumbed to the injuries. For the said bomb blast incident, the O/C of Churachandpur P.S. registered an FIR being FIR case No.679(7)92 CCP P.S. under Section 121/121 -A/302/307/326 IPC 5 Explosive substances Act and 3(2)(1) TDA (P) Act. Post mortem examination of dead body of the petitioner's husband was done on

(3.) THE District Magistrate concerned, i.e. the District Magistrate, Churachandpur, in the prescribed form, submitted report that the petitioner's husband late, Shri Zamchinlam, received injuries in the said bomb blast and the said bomb blast was because of the wrongful act of members of extremist organization and that the petitioner's husband succumbed to the injuries. Rule 4 of the Manipur Services (Special Pension) Rules, 1982 read as follows: