Khomdram Ongbi Tarubi Devi vs State of Manipur and Ors.

Heard Mr. Ishawarlal, learned counsel for the petitioner and Mr. A. Modhuchandra, learned Govt. Advocate for the respondent Nos. 1 and 2 as well as Mr. N. Iobotombi, learned CGSC for the respondent Nos. 3,4 and 5.

Mr. A. Modhuchandra, learned Govt. Advocate appearing for the respondent Nos. 1 and 2 prays for time. But considering the nature of the present case and earlier Judgment and order of the Division Bench of this Court dated 01.10.2001 passed in Writ Appeal No. 154 of 1998 and batch and also the Judgment and order of this Court dated 01.03.2005 passed in W.P.(C) No. 1445 of 2003, prayer for time is not entertained. Learned counsel appearing for the petitioner submits that the present writ petition is squarely covered by the earlier Judgment and order of the Division Bench dated 01.10.2001 passed in Writ Appeal No.154 of 1998 and batch and also Judgment and Order of this Court dated 01.03.2005 passed in Writ Petition (C) No. 1445 of 2003 and batch.

The short factual matrix of the petitioner'' s case is that the petitioner''s husband late namely, Kh. Chinglemkhomba Singh was appointed as Workcharged handyman attached to the Mechanical Division No.I, P.W.D. vide office order No.432 of the Executive Engineer, Stores and Workshop Division , P.W.D. The service of the petitioner''s husband as Workcharged handyman had been confirmed vide order No.552 of the Chief Engineer, P.W.D., Manipur dated 5.1.2006 with effect from 16.12.1983.

The petitioner''s husband, who died in harness on 2/6/1986. The Terminal Benefit for Workcharged Staff of PWD/IFCD/PHED/MI/ Electricity, Manipur, Rules 1978 had been amended from time to time. Under the order of the Governor of Manipur dated 06.06. 1991, the said Terminal Benefit Rules, 1978 had been amended by inserting Rule 6(B) which reads as follows:

� Rule 6(B) Terminal Benefit shall also be admissible to the Workcharged Employees who retired prior to

18978 but are living on the date of issue of this order, from 18978 and also family pension to the families of Workcharged employees who died prior to 21.6.1990 but are living on the date of issue of this order�.

Since the petitioner''s husband died on 2.6.1986 prior to 21.6.1990 and also the petitioner living on the date of issue of the order. The petitioner is entitled to get family pension under the said Terminal Benefits for Workcharged Staff of PWD/IFC/PHED/MI and Electricity, Manipur Rules, 1978. After considering the submissions of the learned counsel for the parties as well as perusal of the case of the petitioner supported by affidavit, this Court is of the considered view that the present writ petition is squarely covered by the earlier Judgment and order of the Division Bench dated 1.10.2001 passed in Writ Appeal No.154 of 1998 and batch and also Judgment and order of this Court dated 1.3.2005 passed in Writ Petition(C) No.1445 of 2003 and batch. Accordingly, the present writ petition is disposed of by directing the respondents to extend the benefits of the earlier Judgment and order of the Division Bench dated 1.10.2001 passed in Writ Appeal No. 154 of 1998 and also Judgment and order of this Court dated 1.3.2005 passed in Writ Petition (C) No.1445 of 2003 and batch. In other words, it is ordered that the respondents shall pay family pension to the petitioner as per the Terminal Benefits for Workcharged Staff of PWD/IFC/PHED/MI and Electricity, Manipur Rules, 1978 to the petitioner within a period of 6(six) months from the date of receipt of this judgment and order. Writ petition is allowed accordingly. No order as to costs.