STATE OF NAGALAND Vs. TEKANUKSHILA

JUDGEMENT

(1.) Heard Mr. Zulu Jamir, learned counsel for the State appellant as well as Mr. Justin Magh, learned counsel representing the respondent/writ petitioner.

(2.) This appeal by the State is directed against the judgment and order dated 23.3.2012 passed in WP(C) 179(K) of 2011, whereby while allowing the writ petition, a direction was also made to the State respondents to take all necessary steps towards payment of extraordinary pension to the respondent/writ petitioner in terms of the Office Memorandum dated 6.6.1995.

(3.) The facts in brief is that the respondent/writ petitioner's husband was appointed as Constable under the establishment of Superintendent of Police, Mokokchung, Nagaland by order dated 17.10.2001. The appointment was made effective from 1.10.2001 and the writ petitioner's husband was also allotted DEF No.2792. At a time when he was serving under the Establishment of Superintendent of Police, Mokokchung, an order was issued on 26.2.2002, thereby releasing him w.e.f. 27.2.2002 for the purpose of undergoing Basic Training at PTS Chumukedima w.e.f. 4.3.2002. In the said Release Order dated 26.6.2002, the writ petitioner's husband's name figured at SI. No.7 of the List indicated in the said order. A tragic situation occurred when the writ petitioner's husband during the period when he was undergoing Basic Training at PTS Chumukedima suffered death at the hand of unidentified gunmen on 9.6.2002, being caught in the cross-firing between two extremist factions.