THE STATE OF MANIPUR AND ORS. Vs. VUNGKHONEM AND ORS.

JUDGEMENT

(1.) THIS writ appeal has been filed by the State authorities against the judgment and order of the learned Single Judge dated 14.12.2007 in W.P.(C) No. 372 of 2004.

(2.) THE respondent/writ petitioner is the mother of late G. Liankhomang who served as Forester Grade -II from 12.8.1976 for a period of about 11 years and expired on 8.1.1987. The respondent filed the writ application seeking for payment of family pension on the basis of office memorandum dated 21.4.1999 issued by the Government of Manipur in the Finance Department amending/modifying the Manipur Civil Service (Pension) Rules, 1977. Though the modified rules are made applicable to those Government servants who retired or expired after 1.1.1996, the learned Single Judge in the impugned judgment allowed the application of the respondent for payment of family pension even though her son, late G. Liankhomang, expired on 8.1.1987.

(3.) THE present appellants resisted the writ petition solely on the ground that the modified/amended rules are only applicable only to those government servants who retired or died in harness on or after 1.1.1996 and no orders had been passed in respect of the employees who retired or died in harness prior to 1.1.1996. The son of the respondent having expired on 8.1.1987, the said amended Rules dated 21.4.1999 have no application and even under expanded definition of family, the respondent/petitioner would not be entitled to the family pension, her son having died much prior to 1.1.1996.