SHRI. MHABEMO @ MHONBEMO Vs. THE 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 father Late Gobin Gogoi was initially appointed as Labour/Mazdoor some time in January, 1987 under the Department of Power, Wokha Division. Thereafter, he was promoted to the post of Jugali by an order dated 19-11-1992. The petitioner's late father while repairing defective electricity line at Wokha Town was electrocuted and he died instantly on 12-08-2004. No relief with regard to ex-gratia and pensionary benefits were paid and therefore, the petitioner's mother as petitioner had filed W.P (C) No. 170 (K) of 2007 which was disposed of by order dated 12-02-2008 directing the respondents to consider and finalize the claim of the petitioner and after due verification of the claims made, to pay to the petitioner such amount as she would be entitled to receive in law on account of exgratia and extra ordinary family pension. Thereafter, three notices were served upon the respondents on 26-03-2008, 17-05-2011 and 18-11-2015 respectively. However, there was no response. In the meantime, the petitioner's mother died on 24-02-2015 due to a bomb blast at Wokha Town. Therefore, the petitioner filed W.P (C) No. 70 (K) of 2016 for compliance of this Court's order dated 12-02-2008 passed (K) of 2016, the respondents issued a letter dated 12-05-2016 to the counsel for the petitioner stating that grant of ex-gratia and extraordinary pension to the petitioner is not permissible. Hence, the said W.P (C) No.70 (K) of 2016 was withdrawn with liberty to file afresh. Consequently, the present writ petition has been filed by the petitioner claiming for extra ordinary family pension and ex-gratia to the petitioner.

(3.) Mr. Supongwati, learned counsel for the petitioner submits that initially when the petitioner's mother had filed W.P (C) No. 170 (K) of 2007, she had prayed for ex-gratia and extraordinary family pension on account of the death of his father. However, after the death of the petitioner's mother, the petitioner is not entitled to ex-gratia and therefore, the prayer for ex-gratia is not pressed in the present writ petition. He, however, submits that the petitioner is entitled to extraordinary pension inasmuch as, the petitioner's late father was working as worked charged employee under the Government of Nagaland for nearly 17 years.