CHUMSUMO LOTHA Vs. STATE OF NAGALAND AND OTHER

JUDGEMENT

(1.) Heard Mr. Supu Jamir, learned counsel for the petitioner. Also heard Mrs. Y. Longkumar, learned Addl. Senior Government Advocate appearing for the respondents.

(2.) The case of the petitioner is that he was enlisted as a Constable under Assam Police in A.P. Battalion in the year 1954 and was transferred from Sibsagar to Nagaland some time in the year 1961-62 and thereafter when Nagaland attained Statehood on 1-12-1963, he was allowed to serve in Nagaland Police and was also awarded an inauguration medal. In the year 1969, his mother having expired, he submitted an application to the Superintendent of Police, Dimapur for voluntary retirement from service. He was also furnished with a letter by the said office, the contents of which he was not aware of but presumed that it was an order permitting him to go on voluntary retirement. He has also lost his service documents and belongings in a fire that took place on 3-3-1987. He filed a representation dated 12-6-2004 praying for pensionary benefits and other service entitlements. No response having been forthcoming, the present approach before this Court is made by means of this application under Art. 226 of the Constitution of India.

(3.) The State respondents have filed an affidavit stating that no one by name of Chumsumo Lotha, which happens to be the name of the writ petitioner, ever served in the Nagaland State at any point of time and that there was one person by the name of Chamchamo Lotha, who was transferred to District Executive Force, Kohima from District Executive Force, Nagaon, Assam, who was then allotted Regimental No. 290 by the Superintendent of Police, Kohima and posted to Kohima by an order dated 2-9-1961. The inauguration medal was also awarded in the name of Chumchamo Lotha. It has also been stated in the affidavit that in the year 1969, there was no establishment of the office of the Superintendent of Police in Dimapur and that there was only a Police Station headed by one Inspector of Police. Shri Chamchamo Lotha was transferred to Dimapur Court on 18-9- 1962, who was thereafter, transferred to Mokokchung Court on 12-1-1965. It has also been emphasised that in the year 1969 there was no provision for voluntary pension and the same was introduced only in the year 1972.