AKOIJAM CHINGKHEINGANBI DEVI Vs. STATE OF MANIPUR
HIGH COURT OF MANIPUR
Akoijam Chingkheinganbi Devi
STATE OF MANIPUR
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KH.NOBIN SINGH -
(1.) Heard Mr. L. Anand, learned Advocate appearing for the petitioner; Mr. S. Rupachandra, learned Addl. AG for the State respondents and Mr. Moses Pao, learned Advocate appearing on behalf of Mr. S.Suresh, learned ASG for the Accountant General.
(2.) The only prayer made in this writ petition is to direct the respondents to prepare the pension papers and to release the entitled amount of Rs.6,35,113/- (Rupees six lakhs thirty five thousand one hundred and thirteen) only now lying in the Department of the Directorate of Health Services, Government of Manipur as family pension arrears in the name of (Late) Y. Promila Devi, Ex-Ward Attendant, who is the adoptive mother of the petitioner and future entitled amount of family pension to the petitioner till she attains the age of 25 years or till her marriage whichever is earlier.
3.1 According to the petitioner, her adoptive mother, (late) Y. Promila Devi was appointed on regular basis as the Ward Attendant under the Directorate of Health Services, Manipur. After having served for more than 22 years, she expired while in service on 11-04-2004 because of which the Medical Directorate issued the order dated 07- 05-2003 terminating her service with effect from 11-04-2003.
3.2 The petitioner was a minor at the time of her death and accordingly, she requested through her legal guardian, the Director of Health Services, Manipur for payment of family pension relating to her mother, (Late) Y. Promila Devi. Although all the required pension papers/ documents had been submitted, the Government of Manipur: Secretariat: Health Department vide the Under Secretary's letter dated 15-06-2011 addressed to the Director of Health Services, Manipur, rejected the family pension to be granted to the petitioner and accordingly, all the relevant papers/ documents along with service book were returned to the office of the Director of Health Services, Manipur.
3.3 The petitioner through her legally appointed guardian, submitted a representation dated 28-07-2011 to the respondents for payment of family pension and terminal benefits etc. but her representation was not considered by the respondents. Being aggrieved by the inaction on the part of the respondents, the petitioner approached this Court by way of a writ petition being WP(C) No. 642 of 2011 which was disposed of on 17-03-2016 observing that it would be appropriate for her to approach the Civil Court of competent jurisdiction for obtaining succession certificate.
3.4 In terms of this Court's order dated 17-03-2016, the petitioner approached the Civil Court of competent jurisdiction to obtain succession certificate by filing Original (Succession) Suit No.13 of 2016 before the Court of the District and Sessions Judge, Imphal West, Manipur which granted the same in her favour on 15-12-2017. After obtaining the succession certificate, she submitted additional pension papers/ documents including the succession certificate and the order dated 17-03-2016 passed by this Court vide her letter dated 23-03- 2018. The office of the Chief Medical Officer, Imphal West, Government of Manipur vide its order dated 20-04-2018 forwarded the same to the Directorate of Health Services, Manipur for necessary action which, in turn, submitted them to the Principal Secretary (Health and FW), Government of Manipur vide its letter dated 28-07-2018 with a request to move the Finance Department (PIC), Government of Manipur for obtaining concurrence of the finalization of the pension case.
3.5 The office of the Sub-Divisional Officer, Lamphel, Imphal West issued an order dated 24-08-2018 certifying the petitioner as the adopted daughter of the deceased, late Yengkhom Promila Devi who expired on 11-04-2003 on the basis of an enquiry report submitted by the Sub-Deputy Collector/HQ Lamphel, Imphal West vide its letter dated 21-08-2018 and the order of appointment of guardian by the Judge, Family Court, Manipur at Lamphelpat, Imphal in Mat. (G&W) Suit No.19 of 2009. Being aggrieved by the inaction on the part of the respondents, the instant writ petition has been filed by the petitioner. ;
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