STATE OF MANIPUR Vs. LOITONGBAM (NINGOL) WAHENGBAM

JUDGEMENT

(1.) This writ appeal is directed against the judgment and order dated 08.03.2006 passed by the Ld. Single Judge in W.P(C) No. 120 0f 2006. The late husband of the present respondent having been directed to retire from service on the ground of invalidation with effect from 01.05.1997, had earlier approached this Court by filing a writ application, i.e. W.P(C) No. 1042 of 2004 claiming invalid pension. The said writ petition was disposed of on 31.12.2004 directing his case to be considered by the present appellants. In compliance of the said order, the husband of the present respondent was allowed retirement gratuity and service gratuity in lieu of pension but no invalid pension was granted as he had not completed 10 years of qualifying service. This order issued on 17.12.2005 was again challenged by the late husband of the present respondent by filing a writ application, i.e. W.P(C) No. 120 of 2006 out of which this writ appeal arises. The above writ application was allowed by the Learned Single Judge and a direction was issued to the appellants to pay invalid pension to the late husband of the present respondent.

(2.) Admittedly, the late husband of the respondent had not completed 10 years of service by the time he was directed to retire from service on the ground of invalidation. The question for consideration before this Court is as to whether for invalid pension an incumbent is required to complete 10 years of service or not. Relying on Rule 38 of CCS (Pension) Rules, 1972, the Ld. Single Judge held that there is no prescribed period for qualifying service under Rule 38 of CCS (Pension) Rules, 1972 for the purpose of invalid pension and accordingly held that the late husband of the present respondent is entitled invalid pension.

(3.) Mr. N. Ibotombi, learned senior counsel appearing on behalf of the appellants has drawn the attention of the Court to Rule 38 and 49 (1) of CCS (Pension) Rules, 1972 and submitted that both Rules have to be read together to find out as to whether the late husband of the present respondent is entitled invalid pension or not.