Shri A Wati Phom v. The State of Nagaland and 5 Ors

ORDER Date : 27-06-2024

Heard Mr. Sentiyanger, learned counsel for the peti-tioner and Ms. Inaholi, learned State counsel for the State re-spondents. Also heard Mr. Kevi Kire, learned counsel appearing on behalf of Mr. Joshua Sheqi, learned Standing counsel, Ac-countant General, Nagaland (respondent No.4)

¶2Having regard to the nature of the case projected by the learned counsel for the petitioner, the writ petition is taken up for disposal at this stage.

¶3The case of the petitioner that his son Shri Yemten Phom was appointed as Constable in the 13th (IR) Bn on

01.01.2008. He was married to Smti C.Chamei Phom and out of their wedlock they had a son namely Mr. Sungtah Y. Phom who was born on 19.11.2014. Unfortunately Shri Yemten Phom died in harness on 29.09.2016 and after his death, his wife Smti C. Chamei Phom was receiving the family pension. Unfortunately, his wife also expired on 15.02.2020 leaving behind their only son Mr. Sungtah Y. Phom who is 9 years of age as on today. Since the late Government servant Shri Yemten Phom only nominated Page No.# 3/4 his wife in his service book to receive family pension, his son Mr. Sungtah Phom has been denied family pension. The petitioner who is the grandfather of Mr. Sungtah Phom and father of late Yimten Phom is before this Court seeking for a direction to the respondents to consider the representation submitted by the pe-titioner for payment of family pension to the son of Shri Yimten Phom.

¶4Mr. Sentiyanger, learned counsel for the petitioner submits that the representation was submitted by the petitioner on 08.04.2024 but the same has not been considered till date. Referring to the O.M. dated 13.07.2015 (Annexure-9), the learned counsel submits that in a case of such nature, the Deputy Commissioner of the district concerned is the authority to hold proper enquiry on the claim made and if the same is found to be genuine, appropriate relief can be granted for pay-ment of family pension to the claimant concerned. Mr. Sen-tiyanger, learned counsel therefore submits that in view of the pendency of the representation, the limited prayer of the peti-tioner at this stage is for a direction to the Deputy Commissioner concerned to consider the representation submitted by the peti-tioner. Page No.# 4/4

¶5The learned State counsel and the learned Standing counsel for the Accountant General Nagaland have no objection to the prayer.

¶6In view of the above, this writ petition is disposed of with a direction to the Deputy Commissioner, Longleng to con-sider the representation submitted by the petitioner on

08.04.2024 in terms of the O.M. dated 13.07.2015 and to pass an appropriate order within a period of 6(six) weeks from the date of receipt of a certified copy of this order. Upon such con-sideration and verification if the son of the deceased Govern-ment servant is found to be entitled for family pension, the same shall be paid to him in accordance with law without further de-lay. The petitioner shall also submit a copy of the writ petition to the respondent No.5 along with a copy of this order.

¶7With the above observation and directions, the writ petition stands disposed of.

Sd/- JUDGE Comparing Assistant

Page No.# 1/4 GAHC020002652024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/86/2024 SHRI A WATI PHOM FATHER OF LATE YEMTEN PHOM AND GRANDFATHER OF MR. SUNGTAH Y. PHOM PERMANENT R/O PONGCHING VILLAGE LONGLENG-NAGALAND- 798625 VERSUS THE STATE OF NAGALAND AND 5 ORS THROUGH THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY HOME DEPT. NAGALAND KOHIMA 3:THE DIRECTOR GENERAL OF POLICE POLICE HEADQUARTER NAGALAND KOHIMA 4:THE ACCOUNTANT GENERAL NAGALAND KOHIMA 5:THE DEPUTY COMMISSIONER LONGLENG NAGALAND 6:THE TREASURY OFFICER LONGLENG NAGALAN Advocate for the Petitioner : SENTIYANGER Advocate for the Respondent : GOVT ADV NL Page No.# 2/4 BEFORE HON'BLE MR. JUSTICE NELSON SAILO