VUNGKHONEM Vs. STATE OF MANIPUR AND ORS.

JUDGEMENT

(1.) Heard Ms. G. Puspa, learned Counsel appearing for the petitioner, Mr. A. Madhu Chandra, learned Govt Advocate for the respondent Nos 1 and 2 and Mr. N. Ibotombi, learned Standing Counsel for the respondent No. 3.

(2.) The facts in nutshell of the petitioner's case is that, petitioner's son Late G. liankhomang entered service as Forester Grade II vide Conservator of Forests, Govt, of Manipur Order No. 2/5/78/Forest dated 12.8.76 and he continued to serve for about 11 years and expired on 8.1.87. The Chief Conservator of Forest, Govt of Manipur had issued the order for terminating the service of the petitioner's son vide order No. 2/5/86/Forest dated 21.1.87.

(3.) During the life time of the petitioner's son Late G. Liankhomang, he had never married to any girl and as such he died unmarried on 8.1.87. During the life time of the petitioner's son, he looked after the welfare of his mother and his younger brothel's and sister. His monthly pay and allowances were the only source of income in the family. The petitioner was solely depending on the monthly pay and allowances of the petitioner's son and after the expiry of her son she has been living in hand to mouth in a deplorable condition with a merge source of income by engaging herself in labour work. Her total income comprising from all sources in only about Rs. 1,500.00 (Rupees one thousand five hundred) only per month. The petitioner applied for receiving family pension benefit to the concerned authority after the death of her son and the then Divisional Forest Officer, South Division, Churachandpur had forwarded the required pension papers and documents to the Accountant General, Govt of Manipur on 19.2.1997. Prior to 1998 the dependent parents and widowed/divorced daughter were not entitled to receive the Family Pension under any of the Family Pension Schemes. As a liberalized measure for the purpose of granting family pension, the Govt of India had issued an Office memorandum vide No. 45/86/97-P & P. W. (A) dated 27.10.97 wherein the parents of the deceased of the Govt employee are included in the definition of "Family" with the certain conditions that (1) the parents were wholly depended on the Govt servant when he/she was alive provided the deceased employee had left behind neither a widow nor a child (2) And that the parents income criteria has to be not more than Rs. 2,500.00 per month.