TSUBONGSE SANGTAM Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The question to be decided in the present case is whether pensionary and other service benefits of a deceased Govt. employee can be withheld without holding disciplinary proceeding and without ascertaining the amount due by the said employee during his lifetime.

(2.) The writ petitioner No. 1 who is the father and the writ petitioner No.2 who is the widow of T.Horiba Sangtam filed the present writ application challenging the action on the part of the state respondents as well as the Nagaland University Authority in withholding the retiral benefits payable under the provisions of Central Civil Services (Pension) Rules 1972 (hereinafter referred to as the 'Rules') and gratuity. Provident Fund etc., and other benefits which were payable to the said deceased employee.

(3.) The facts in brief in the present case is as follows :- T. Horiba Sangtam, son of the petitioner No. 1 and husband of petitioner No.2 was an Executive Engineer in Public Works Department under the Govt. of Nagaland was deputed to the Nagaland University for appointing him as an Executive Engineer in the said University vide order dated 27.1.1997. After the expiry of the period of deputation, T.Horiba Sangtam was repatriated to the parent department w.e.f. 1.1.2002. Mr. Sangtam, before his order of repatriation to the parent department fell ill and eventually died in harness on 25th April, 2002. When the writ petitioners claimed the benefits payable to them for the services rendered by T.Horiba Sangtam, they were informed by the State of Nagaland that the same could not be paid to them because of the request from the Nagaland University to withheld the payment of any benefit on the ground that certain amount was found to be payable by the said Mr. Sangtam to the University authority.