PONGATHSI SANGTAM Vs. J. ALAM AND ORS.

JUDGEMENT

(1.) Heard Mr. I. Longchar, learned counsel for the petitioner. Also heard Mr. K. Sema, learned Additional Advocate General, Nagaland appearing for respondent Nos. 1, 2 and 4 and Mr. Yangerwati, learned counsel appearing for respondent Nos. 3 and 5. This contempt application under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India is filed, alleging violation of the order of this Court dated 25.07.2011 passed in WP(C) No. 187(K)/2009.

(2.) From the perusal of the judgment rendered in WP(C) No. 187(K)/2009, it appears that the writ petition was filed by the present petitioner, who is the widow of late Atsase Sangtam, who was initially appointed as Stenographer Grade-III on contract basis by an order dated 12.09.1996 in the scale of pay of Rs. 1300-2570/- pm plus all other allowances as are admissible under the Rules. The said contract appointment was extended from time to time and later on, her husband was appointed as Stenographer Grade-III on a fixed pay of Rs. 3,500/- p.m. w.e.f. 15.10.2002. The petitioner's husband continued to render his service till he died on 23.06.2008.

(3.) A perusal of the said order also goes to show that argument was advanced on behalf of the writ petitioner that under the provisions of Central Civil Services (Extraordinary Pension) Rules, 1972 [for short, "the CCS (Extraordinary Pension) Rules"], persons appointed on fixed pay are also entitled to Extraordinary Pension and there is no bar on payment of such pension although her husband died while serving as contract appointee on a fixed pay.