SMTI. SUNGMO CHANG Vs. THE STATE OF NAGALAND

JUDGEMENT

(1.) This is a writ petition filed by the wife of one late W. Wongto @ Wongto Chang @ Wongto Chollen @ W. Wongto Chollen @ Wongto Chang, who worked as Work-Charged jugali in the department of Power, Executive Engineer, Electrical Division, Tuensang and died while performing his duty, claiming for pension/pensionary benefits and ex-gratia.

(2.) The case of the petitioner is that her husband late W. Wongto Chang was appointed initially as a muster roll employee in the department of Power and thereafter, he was appointed as Work-Charged jugali with a fixed pay of Rs. 300.00 pm and was posted in the office of Executive Engineer, Electrical Division, Tuensang vide order No. 120, TEL/WC-1/85-86/2974-29, dated 29.11.1985. Thereafter, vide O.M. No. CEL/A- 362/4457-60, dated 27.09.2000, issued by the Chief Engineer, Department of Power, he was given scale of pay as Work-Charged jugali with all allowances admissible as per rules applicable. Vide order dated 19.01.2005, issued by the SDO, Electrical Division No. II of the Executive Engineer, Tuensang, her husband was given the responsibility of looking after the extension of 11 KVA phase transmission line and 250 KVA, 11/4 KVA sub-station under PMGY at Assam Rifles, Nagaland Range, Tuensang. On 16.02010, while performing his duties he was electrocuted and as result he died on the same day. According to the petitioner as per Rule-2 Clause-3 of the CCS (Pension) Rules, 1972 and liberalized scheme of payment of ex-gratia in case of death in harness issued by the Government of India, Department of Pension & P.W. O.M No. 45/55/97-P & PW(C), dated 11.09.1998, which are applicable in the State of Nagaland she and her 4(four) children left behind by her husband are entitled to pension/pensionary benefits and ex-gratia. Therefore, through her legal counsel, a legal notice was sent to the Chief Engineer of the department of Power on 15.11.2014. However, on 26.11.2014, a reply was received from the Chief Engineer stating that since the eldest son has been appointed as Work-Charged employee in the department on compassionate ground she should not insist for pension/pensionary benefits and ex-gratia.

(3.) Mrs. Lucy, learned Addl. Sr. Government Advocate produced a copy of two letters, one of which is addressed to the Chief Engineer, department of Power by the President of All Nagaland Electricity Field Workers Association (ANEFWA), Nagaland and the other is copy of the letter of the Chief Engineer addressed to the Commissioner & Secretary to the Government of Nagaland, department of Power. These letters according to the learned counsel shows that the All Nagaland Electricity Field Workers Association had accepted risk allowance instead of ex-gratia, therefore, the claim of the petitioner for exgratia should not be entertained.