R. LALKHUM Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The petitioner, being aggrieved by the arbitrary actions of the respondents for denying pension to the petitioner's husband, late R.Rothanga, who was serving as Chief Executive Officer of the Churachandpur Autonomous District Council and retired from service w.e.f. 31.12.1997, filed the present writ petition for allowing her to enjoy pension and other pensionary benefits and family pension for the service rendered by her husband, late R.Rothanga.

(2.) Heard Mr. Kh.Tarunkumar Singh, learned counsel appearing for the petitioner, Mr. L.Shyamkishore, learned senior Advocate assisted by Mr.L.Anand, learned counsel appearing for the respondents No.1 and 2, Mr. H.Samarjit, learned Govt. Advocate appearing for the respondents No.3, 4 and 5 and Mr. C.Kamal, learned CGSC appearing for the respondent No.6.

(3.) Factual Backgrounds The petitioner is a member of the Scheduled Tribe (for short S.T.) community of the State of Manipur and legally married wife of late R.Rothanga. Petitioner's husband was initially appointed as Lower Division Clerk in the erstwhile Territorial Council of Manipur vide order dated 22.12.1959 issued by the Chief Executive Officer, Manipur Territorial Council; later on, promoted to the post of Upper Division Clerk in the office of Deputy Inspector of Schools (NCC) vide order of the Chief Executive Officer, Manipur Territorial Council dated 22.8.1962. The service of the petitioner's husband as UDC in the Directorate of Education, Government of Manipur, was confirmed w.e.f. 01.03.1963 vide order of the Director of Education, Government of Manipur, dated 25th April, 1966 in which the name of the petitioner's husband appeared at SI.No.15. The petitioner's husband was appointed by promotion to the post of Accountant of the Directorate of Education, Manipur, in the scale of Rs.335 -575/ - p.m. with usual allowances as admissible under rules on ad -hoc basis for a period of six months with immediate effect till the post was filled up on regular service against the vacaacv caused due to the promotion of Shri Ch.Norendra Singh. Later on, on the recommendation of the duly constituted DPC, the petitioner's husband was appointed to the post of Head Clerk against the existing vacancy of one Head Clerk in District Council Office, Manipur South Autonomous District, Churachandpur vide order of the Chairman, District Council, dated 22.5.1979. On his appointment as Head Clerk, the Deputy Director of Education (S), Government of Manipur, issued order being No.2/25/67 -ED(II), Imphal, the 30th May, 1979, for releasing the petitioner's husband w.e.f. 31.5.1979 to enable him to join in the office of the Chairman, Manipur South Autonomous District Council, Churachandpur, as Head Clerk. Vide order of the Chief Executive Officer, District Council, Manipur South Autonomous District Council, dated, 15th July, 1980, the petitioner's husband was promoted to the post of Accounts Officer, District Council (South), Churachandpur in the scale of pay of Rs.500 -35 -745 -EB -40 -1065 -EB -45 -1245/ - with usual allowances as admissible under the rules with effect from the date he took over the charge of Accounts Officer. Subsequently, the service of the petitioner's husband was absorbed in the Autonomous District Council, Churachandpur with condition that his services in his parent department will be counted for pension, etc. vide order of the Chairman of the District Council, Churachandpur, being No.1/4/DAC -8/80(Pt), Churachandpur on 20th December, 1984, which reads as follows : - <FRM>JUDGEMENT_74_LAWS(GAU)6_2011.htm</FRM>