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2007 DIGILAW 220 (GAU)

Kharibam Thamchet Devi v. State of Manipur and Ors.

2007-03-17

T.NANDA KUMAR SINGH

body2007
Heard Mr. Kh.Binoy, learned counsel for the petitioner and Mr. S.Suresh, learned counsel, junior to the A.G.,Manipur as well as Mr. N.Ibotombi, learned CGSC appearing for the respondents. 2. The simple case of the petitioner is that the petitioner's husband late Kh.Birhari Singh was initially appointed as work-charged khalashi in the PWD, Government of Manipur in the year, 1959 and his service as work-charged khalashi was confirmed from 1.11.1984 vide Office order No. 40 dated 12.5.1983 (Annexure-A/2 to the writ petition) and in the said officer order dated 12.5.1983 his name appears at sl.no.3. Thereafter the petitioner's husband late Kh.Birahari, retired on superannuation w.e.f. 28.2.85 vide office order No. 195 dated 26.2.1985 issued by the Executive Enginer, Imphal East Division, P.W.D., Manipur. The Chief Engineer, PWD, Manipur under his letter being No. 17.202/85-CE/3120 dt. 11.2.2004 submitted all the pension papers along with necessary documents in respect of the petitioner's late husband for payment of pension to the Joint Secretary (Pension Cell), Manipur. The Government of Manipur also prepared a Rule called “Terminal Benefit of Work-charged Staff of PHED/IFCD/PHE/MI/Electricity, Manipur Rules, 1978 vide order of the Governor of Manipur being No. 6/3/70-W(Pt) dt. 6.6.1991, Rule 6-B had been added below Rule 6-A. The newly added Rule 6-B reads as follows: “Rule 6(B)-Terminal benefit shall also be admissible to the work-charged employees who retired prior to 18.9.1978 and whose family members are living on the date of issue of this order from 18.9.1978 and also family Pension to the families of work-charged employees who died prior to 21.6.1990 and whose family members are living on the date of issue of this order.” Thereafter, Government of Manipur issued a corrigendum being No. 6/3/70-W(Pt)A, Imphal the 21.6.1991 (Anexure-A/6 to the writ petition). The said corrigendum reads as under: “GOVT OF MANIPUR SECRETARIAT: WORKS DEPARTMENT CORRIGENDUM Imphal, the 21st June, 1991 No. 6/3/70-W(Pt)A. Please read as 'and whose family members are living on the date of issue of this order' in place of 'but are living on the date of issue of this order' occurring in 6th and 7th lines of rule 6(B) of this Government's order No. 6/3/70-W(Pt)A dt.6.6.91. Sd/-(N.Lekshyajit Singh) Under Secretary (W),Govt. of Manipur.” Thereafter, by another notification of Government of Manipur, Rule 6-A of the Terminal Benefit Rules had been substituted as follows: “1. Sd/-(N.Lekshyajit Singh) Under Secretary (W),Govt. of Manipur.” Thereafter, by another notification of Government of Manipur, Rule 6-A of the Terminal Benefit Rules had been substituted as follows: “1. (1) These rules may be called the Terminal Benefit for work charged staff PWD, IFCD, PHED, MI and Electricity (Amendment) Rules, 1994. (ii) They shall come into force from the date of publication in the official Gazette. In Rule 6(A) of the Terminal Benefit for workcharged Staff of PWD, IFCD, PHED, MI and Electricity, Rules, 1978, the following rules shall be substituted, namely: Rule 6(A) - Family pension as calculated under MCS (Pension) Rules, 1978 as amended from time to time subject to the following conditions: (1) The benefit shall be available to the family of any permanent work-charged employee who died while in service on or after 21.6.1990 after rendering not less than 1(one) year of service after confirmation. (II) The payment of Family pension shall be effective from 21.5.93 and no arrears in cash or otherwise for the period from 21.6.1990 to 25.5.1993 shall be paid.” 3. Learned counsel for the petitioner submits that his case is squarely covered by the judgment & order (Division Bench) of this Court dated 1.10.2001 passed in WA No. 154/1998 and batch. 4. From perusal of the judgment & order of this Court dated 1.10.2001 passed in WA No. 154/1998 and batch it appears that case of the petitioner is squarely covered by the said decision of this Court. Such being the situation, the benefit of the judgment & order of this Court dated 1.10.2001 shall also be extended to the present petitioner. Accordingly, the respondents are directed to release family pension under the said Terminal Benefit Rules and family pension be calculated as per the Manipur Civil Services (Pension) Rules, 1977 as amended from time to time and the same be released to the petitioner within a period of six months from the date of receipt of this judgment & order. With the above observation and direction this writ petition is disposed of.