M. CHISA Vs. THE STATE OF MANIPUR AND ORS.

JUDGEMENT

(1.) HEARD Shri N. Umakanta, learned counsel appearing for the petitioner; Shri K. Jagat, learned Government Advocate appearing for respondents No. 1 to 4 and Shri S. Rupachandra, learned ASG appearing for the respondent No. 5.

(2.) THE writ petition has been filed by the petitioner for directing the respondents for payment of family pension to the petitioner.

(3.) ACCORDING to the petitioner, she is entitled to family pension under the provisions of the Terminal Benefits for Work -charged Staff of PWD/IFCD/PHED/MI/Electricity Manipur Rules, 1978 (herein after referred to as Terminal Benefits Rules, 1978) and accordingly, she approached the concerned authorities for payment of family pension and submitted necessary documents for her claims to the Executive Engineer, Senapati Division, Electricity Department, Government of Manipur. While the petitioner was anxiously waiting for the payment of family pension, the Administrative Officer (Power), Government of Manipur addressed a letter dated 12 -07 -2001 informing the said Executive Engineer that since the petitioner's husband did not render one year of service after confirmation, the benefit of family pension was not admissible to the petitioner. Being aggrieved, the present writ petition has been filed by the present writ petition questioning the correctness and validity of the said letter dated 12 -07 -2001.