Come fully instructed as to why pension benefits including ex-gratia should not be paid, Kohima HC Bench directs Government Advocate
Morung Express News
Dimapur | May 12
In a case illustrating a shocking state of affairs, the widow of a Nagaland police constable, who died nearly 4 decades back on official duty, is yet to receive ex-gratia payment and pensionary benefits, even after an earlier court’s direction to the concerned authority.
Accordingly, the widow approached the Kohima Bench of Gauhati High Court, again, with a writ petition praying for issuance of appropriate “writ/order/direction directing the (State) respondents to pay her benefits of her husband’s service as pension.”
As per the order issued by Justice Songkhupchung Serto on May 12, the petitioner’s husband, a constable in the Nagaland Unarmed Police, died on December 27, 1984, while on election duty.
After her husband’s demise, the petitioner made a request for ex-gratia payment and pensionary benefits to the “concerned authorities.”
However, as no action was taken, the petitioner filed a writ petition in 2017 before the Kohima Bench seeking appropriate redressal.
The Bench disposed off by an order on June 1, 2017 directing the petitioner to file a “representation to the concerned authority” and further directing the latter to “consider the same within a period of two months from the date of receipt of the representation.”
Thereafter, the petitioner submitted her representation on June 6, 2017 to the Director General of Police, Nagaland.
“Since no tangible action has been taken so far, the petitioner is here once again praying for issuance of appropriate writ/order/direction directing the respondents to pay her benefits of her husband’s service as pension,” stated the May 12 order.
Listing the matter again “immediately after three weeks,” Justice Serto further directed the Government Advocate to “come fully instructed as to why the pension and pensionary benefits including ex-gratia should not be paid to the petitioner.”
The State respondents are Government of Nagaland through the Chief Secretary; Commissioner and Secretary of Personnel and Administrative Reforms Department and Home Department; Financial Commissioner; Chief Electoral Officer; District Election Officer, Tuensang; DGP Nagaland; Superintendent of Police, Tuensang; Treasury Officer, Tuensang; and Accountant General, Nagaland.
