YANBENI LOTHA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Supongwati, learned counsel for the petitioner. Also heard Mr. K. Angami, learned Government Advocate appearing for the State respondents as well as Mr. Yangerwati, learned C.G.C appearing for the respondent No. 6. None appears for the respondent No.7/The Accountant General, Nagaland, Kohima.

(2.) The petitioner's late husband Ghana Kanto Konwar was appointed as work charged Assistant Lineman under the establishment of the Executive Engineer (E), Wokha, Nagaland. The petitioner's late husband while reconnecting the line as per the detailment at Wokha Town, the electric post broke down and hit on the retaining wall and died on 18.10.2003. As the petitioner' s late husband died in harness while performing bonafide Government's duty and as no ex-gratia and pensionary benefits were paid by the respondents, the petitioner filed W.P (C) No. 171 (K) of 2007 which was disposed of by an order dated 26.02.2008 directing the respondents to consider and finalize the claim of the petitioner and after due verification of the claims made, pay to the petitioner, such amount as she would be entitled to receive in law on account of ex-gratia and extraordinary family pension as may be applicable. Thereafter, the respondents were notified by letter dated 26.03.2008 written by the counsel for the petitioner with regard to the order dated 26.02.2008 passed by this Court in W.P (C) No. 171 (K) of 2007. As no steps were taken, another notice was sent on 17.05.2011. Further, a reminder notice dated 18.11.2015 was also sent. As there was no response from the respondents, the petitioner again filed W.P (C) No. 49 (K) of 2016 for compliance of the order dated 26.02.2008 passed in W.P (C) No. 171 (K) of 2007. During the pendency of W.P (C) No. 49 (K) of 2016, the respondents issued a letter addressed to the counsel for the petitioner on 12.05.2016 indicating that grant of ex-gratia and extraordinary pension to the petitioner is not permissible. In that view of the matter, W.P (C) No. 49 (K) of 2016 was withdrawn with liberty to file afresh. Consequently, the present writ petition has been filed challenging the impugned letter dated 12.05.2016 with further prayer for grant of exgratia and extraordinary pension to the petitioner.

(3.) Mr. Supongwati, learned counsel for the petitioner submits that the petitioner's late husband was initially appointed as work charged Assistant Lineman and has been serving to the best of his ability. But unfortunately, he died on 18.10.2003, while performing bonafide Government duty. He submits that the petitioner is entitled to exgratia in terms of the Office Memorandum dated 11.09.1998 issued by the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Pension and Pensioners' Welfare wherein at Clause 5 (a) it provides that ex-gratia payment shall be paid for death occurring due to accidents in the course of performance of duties amounting to Rs. 5 lakhs. Further, the same Memorandum has given illustrative examples of cases covered under different clauses of Para 5 of the Office Memorandum and in the illustration at Clause (a) 8 it provides for death due to electrocution of Departmental employees engaged in rectification of defects in generation and distribution of electricity. He submits that the case of the petitioner's late husband is solely covered by the said Office Memorandum dated 11.09.1998 which is also adopted by the State of Nagaland and therefore, the respondents are liable to pay ex-gratia to the petitioner. To contend that the Office Memorandum dated 11.09.1998 is being adopted by the State of Nagaland, learned counsel for the petitioner has drawn the attention of this Court to the Note issued by the Finance Department dated 16.11.2015 wherein in relation to another case, the Finance Department has conveyed its approval for payment of ex-gratia in line with Office Memorandum dated 11.09.1998 issued by the Ministry of Personnel, Public Grievances and Pensions, Department of Pension and Pensioners Welfare.