NUNGSANGPOKLA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This proceeding has been initiated by the petitioner herein seeking a direction requiring the respondent authorities to sanction family pension to the petitioner in the terms of Rule 54 of the Family Pension 1964 (hereinafter referred to as 'Rule 1964'). The brief facts necessary for disposal of the present proceeding are that the husband of the petitioner was appointed as Constable (Messenger) on ad hoc basis in the Office of the Deputy Inspector General of Police, Wireless, Nagaland, Kohima in the pay scale of Rs. 900/- to 1760/- per month with all other allowances admissible vide appointment order dated 01.04.1999. Such order was issued by the Deputy Inspector General of Police, Wireless, Nagaland, Kohima (for short 'Dy. IGP').

(2.) In the appointment order, it has been stated that his services on ad hoc basis would be liable to be terminated automatically in the event of his failure to qualify in the medical and physical tests as well as in the event of his failure to undergo the basic drill training in the first chance, made available to him, a copy of appointment order dated 01.04.1999 is annexed as (Annexure 'B') to the writ. For ready reference, the order dated 01.04.99 is reproduced below:-

(3.) Soon after his appointment on ad hoc basis, he was sent for training at Central Training Institute, Home Guards, Dimapur (in short CTI, Home Guard). However, due to Christmas and New Year holidays, the training was suspended from 20.12.1999 to 4.1.2000. Though the husband of the petitioner was to report for duty on 5th of January, he was kidnapped on 03.01.2000 and remained untraced for some time. However, on 9.1.2000, his dead body was found near Kichutep bus stop under Mokokchung District and thus, his life came to an abrupt end.