LONGJAM TOMBA SINGH Vs. THE STATE OF MANIPUR

JUDGEMENT

(1.) Heard Shri L. Shashibhushan, learned counsel appearing for the petitioner, Shri K. Jagat, learned Govt. Advocate and Shri S. Rupachandra, ASG appearing for the respondents.

(2.) The present case is one of the unfortunate cases wherein the petitioner, who is suffering from mental retardation since birth, through his brother and legal guardian has filed the above writ petition praying for affording the benefits of family pension to him. The facts in short are as under-

(3.) It is submitted by the counsel appearing for the petitioner that the acts of the respondents in denying the benefits of family pension to the petitioner on the ground that his name was not included in the list of family members submitted by her mother, late Smt. R.K. Indrani Devi while claiming the benefits of family pension are illegal and contrary to the provisions of CCS (Pension) Rules, 1972 and that the right of family pension accruing under the statutory law, cannot be defeated by making a nomination to the contrary. In support of his contention, the counsel appearing for the petitioner has relied upon the order passed by the Hon'ble Supreme Court in the case of G.L. Bhatia -Vs- Union of India, 1999 5 SCC 237 and the judgment and orders delivered by the Hon'ble Gauhati High Court, Imphal Bench and Aizwal Bench in the case of Accountant General, Manipur -Vs-Moirangthem Bobby Singh,2006 Supp1 GLT 513 and Lalmuanpuii -Vs- State of Mizoram, 2009 5 GauLT 275 respectively.