CHINGABAM DILIP MEITEI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. N. Umakanta, learned counsel appearing for the petitioner; Mr. Niranjan Sanasam learned GA appearing for the respondents No. 1,3 and 4, Mr. N. Ibotombi, learned senior counsel assisted by Mr. A. Rommel, learned counsel appearing for the respondent No. 2 and Mr. S. Samarjeet, learned senior panel counsel appearing for the respondent No. 5.

(2.) The case of the petitioner is that his father worked as a Muster Roll employee in the PWD, Manipur for a substantial period of time and later on, he was appointed as a work charged Chowkidar by an order dtd. 20/2/1978 issued by the Chief Engineer, PWD, Manipur. While serving as a work charged Chowkidar in the PWD, Manipur, the petitioner's father expired on 7/7/1991 after a sudden and short illness and as such, the service of the petitioner's father was formally terminated by an order dtd. 23/8/1991 issued by the Chief Engineer, PWD, Manipur. As the petitioner's father have rendered more than 23 years as a work charged employee, his service was confirmed w.e.f. 1/4/1990 by an order dtd. 5/9/1991 issued by the Chief Engineer, PWD Manipur.

(3.) Consequent upon the expiry of the petitioner's father, the Department initiated the necessary process for payment of terminal benefits to his legal heirs/ family members, however, the process for payment of family pension to the legal heirs/ family members of the deceased employee was not finalized by the authorities.Feeling aggrieved, the petitioner's mother filed a writ petition being WP(C) No. 1071 of 2006 before the Gauhati High Court, Imphal Bench with the prayer for directing the authorities to pay the family pension due payable to her. Unfortunately during the pendency of the said writ petition, the petitioner's mother also expired on 29/6/2011 and thereafter, the aforesaid writ petition was withdrawn with liberty to file a fresh one.