(1.) Heard Mr. Imti Longhcar, learned counsel for the petitioner. Also heard Mr. L.S. Jamir, learned Additional Advocate General, Nagaland appearing for the respondent Nos. 1 to 3. I have also heard Mr. T.B. Jamir, learned C.G.C. appearing for the respondent No.4.
(2.) This writ petition has been filed by the widow of the deceased Government servant. As stated in the petition, the petitioner's husband was initially appointed as Stenographer Grade-III on contract basis by an order dated 12-09-1996 in the Scale pay of Rs. 1300-2570.00 P.M. plus all other allowances as are admissible under the Rules. The said contract appointment was extended from time to time and subsequently the petitioner's husband was appointed as a Stenographer Grade-III on fixed pay of Rs. 3500.00 P.M. w.e.f. 15-10-2002. The petitioner's husband has been serving in the contract appointment till he died on 23-06-2008 while he was proceeding to Secretariat to attend the duty.
(3.) The petitioner has been claiming extra ordinary family pension and other service benefits under the CCS (Pension) Rules, 1972. When her claim was not granted a legal notice was served upon the respondent Home Commissioner, Government of Nagaland on 24-06-2009. A reply was sent vide letter dated 25-08-2009 signed by the Under Secretary to the Government of Nagaland, Home Department to the learned counsel for the petitioner. The said reply to the legal notice reads as under:-