TOSHIMENLA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution of India has been preferred by the petitioner praying for settlement of Family Pension in respect of her late son, W. Imnameren.

(2.) The factual matrix of the case in brief is that the petitioner is the mother/legal nominee of the deceased government employee late W. Imnameren, who died in harness on 24/2/2003, while serving as Overseer Grade II (Civil) under the Rural Development Department, Govt of Nagaland. The petitioner's deceased son was initially appointed as Overseer Grade II against a vacant sanctioned post on contract basis by the appointment order No.DRD/ESTT-9/85 dtd. 17/5/1995. Thereafter, by another order No.DRD/RDSO-3/95-96/1068 dtd. 17/2/1996, the service of the deceased government employee was extended for another term up to 28/2/1997. Thereafter, the contract service of the petitioner's late son was extended from time to time and while serving as such, the petitioner's son expired on 24/2/2003.

(3.) The petitioner's late son expired when he was still on contract service. However, the respondent No. 3, vide Order No. DRD/ESTT9/88 dtd. 30/10/2003, regularized the contract service of the petitioner's late son w.e.f 1/5/2000.