ZINNGAIHNIANG Vs. STATE OF MANIPUR

JUDGEMENT

(1.) HEARD Ms.Ch.Robinchandra, learned counsel for the petitioner, Mr.Jagat, learned GA appearing for respondent Nos.1, 2, 3 and 4 as well as Mr.C.Kamal, learned CGSC appearing for respondent No.5.

(2.) THE facts sufficient for deciding the issue involved in the present writ petition is briefly noted. The petitioner's husband late, Shri Zamchinlam, during his lifetime served as work -charged lineman for about 11 years and 6 months. Late, Shri Zamchinlam, was appointed as work -charged Assistant Lineman vide Office Order No.232 dated 06.12.1980, issued by the Chief Engineer (Elect), Government of Manipur and posted at Churachandpur Division. The petitioner's husband late, Shri Zamchinlam, while discharging his official duty, on 03.07.1992 for checking the electricity line from post to post and domestic connections from the main line to the nearby houses, suddenly there was explosion of a powerful bomb on the Tiddim Road near Thuthang Press Office at about 1.40 p.m. And in that bomb blast the petitioner's husband late, Shri Zamchinlam, was seriously injured and latter on succumbed to the injuries. For the said bomb blast incident, the O/C of Churachandpur P.S. registered an FIR being FIR case No.679(7)92 CCP P.S. under Section 121/121 -A/302/307/326 IPC 5 Explosive substances Act and 3(2)(1) TDA (P) Act. Post mortem examination of dead body of the petitioner's husband was done on 03.07.1992 at 3.30 p.m. at District Hospital Morgue, Churachandpur. After the death of her husband, family pension (ordinary) was granted to the petitioner w.e.f. 04.07.1992 vide order dated 16.04.1993. Pension Book was also issued by the Accountant General, A and E (Manipur), Imphal and since then the petitioner has been enjoying the monthly family pension.

(3.) THE petitioner had been appointed under the Die -inharness Scheme to the post of Peon vide Office Order of the Chief Engineer (Power) No.588 dated 12.01.1995. The Governor of Manipur in exercise of power conferred by proviso to Article 309 of the Constitution of India in consultation with the Accountant General, was pleased to make the Rules called "The Manipur Services (Special Pension) Rules, 1982". Rule 2.i of the Special Pension Rules 1982 provide the categories of government servants to whom the Special Pension will apply. Rule 2.i(g) provides that Special Pension will apply to the work -charged employee serving under such department of the Government of Manipur as are competent to engage this category of employees. Under Rule 4 of the Special Pension Rules, Special Pension shall be awarded to the employees categories of which are mentioned in Rule 2.i in the event of death of the Government servant, while serving in connection with the affairs of the State, caused by the violence, or wrongful acts of a person or persons believed to be members of an extremist organization. The report submitted by the District Magistrate to the effect that the death of the deceased government servant was caused by a member or members of known or unknown, of an extremist organization shall be the conclusive proof in this behalf. The rule also provide proforma for the said report.