AYEKPAM (O) KANANBALA DEVI Vs. THE STATE OF MANIPUR

JUDGEMENT

(1.) HEARD Shri L. Anand, learned counsel appearing for the petitioner, Shri Shyam Sharma, learned Government Advocate appearing for the respondents No. 1 to 3, Shri S. Rupachandra, ASG appearing for the respondent No. 4 and Shri N. Ibotombi, learned Sr. Advocate appearing for the respondent No. 5.

(2.) THE present writ petition has been filed by the petitioner praying for release of family pension under the provisions of the Terminal Benefits for Work -Charged Staff of PWD, IFC, PHE, MI and Electricity Rules, 1978 (hereinafter referred to as Terminal Benefits Rules, 1978).

(3.) THE present writ petition is contested by the respondents No. 1 to 5 by filing separate and independent affidavits. In the affidavit filed on behalf of the respondent No. 1, it is stated that the petitioner's husband died on 12 -04 -1996 after rendering 9 (nine) years 7 (seven) months and 12 (twelve) days and his service was terminated vide order dated 22 -05 -1996. However, after expiry of the petitioner's husband, his service was confirmed vide order dated 22 -05 -1999 w.e.f. 01 -08 -1995 and the effective date of confirmation had been again corrected to 01 -04 -1995 vide order dated 03 -06 -1999. It is further stated that while processing the proposal for grant of benefits, it was observed that since it was not known as to how the change of confirmation was made from 01 -08 -1995 to 01 -04 -1996, the Administrative Department was requested to examine the matter as per rules. However, no clarification was furnished by the Administrative Department.