P. BONGEI PHOM Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Ms. Mika H Aye, learned counsel for the petitioner and also heard Mr. N. Angami, learned State counsel for the State respondents and Mr. N. Mozhui, learned counsel for respondent No. 5.

(2.) By filing this application under Article 226 of the Constitution of India, the petitioner, (wife of late Hamvok Phom, who retired as Political Assistant to Deputy Commissioner, Longleng) has assailed the Cabinet decision and the Order No. LLG/ACCTT-18/2019-2020/249 dtd. 8/6/2020 issued by the Deputy Commissioner, Longleng for recovery of excess drawal of pay and allowances in respect of Late Hamvok Phom amounting to Rs.14,90,273.00 ( Rupees Fourteen Lakh Ninety Thousand Two Hundred and Seventy Three) only, for the period from March 2015 to December, 2017 from his pension gratuity. The petitioner has also prayed for a direction to the respondents to complete the process for pension of the petitioner's late husband within a period of two months.

(3.) The case in brief is that vide common order No. EST-15/79-80/521114 dtd. 20/2/1980, the petitioner's late husband was appointed to the post of paid DB on contingency basis under the establishment of Deputy Commissioner, Tuensang, Nagaland in the fixed pay of Rs.220.00 per month w.e.f. 10/2/1980. Thereafter vide order no. EST-15/82-83/4839-44 dtd. 9/2/1983, the petitioner's late husband was appointed as Interpreter Grade-II DB on regular basis under the establishment of Deputy Commissioner, Tuensang in the pay scale of Rs.220.005-270-6-800-.-8 340/-per month. Vide order No. ESTT-2/2001-02/Pt(II)/161 dtd. 30/6/2001, the petitioner's late husband was given officiating promotion to Grade-I DB w.e.f., 1/7/2001 along with three others. Vide order No. LLG/ESTT-8/2009-10/277 dtd. 25/6/2012, the petitioner's late husband was promoted to DB (Special Grade) in the pay band of Rs.5200.0020200 with the grade pay of Rs.2800.00