2. Succinct fact of the petitioner's case is that her son (late) D. Pfokehrii was serving as a Constable being No.868027 in the Police Department, Government of Manipur. In an unfortunate incident on 3/7/1989 he was killed by expected underground extremists while discharging his duty as one of the escort party of the then Sub-Divisional Police Officer (SDPO), Thoubal. After the petitioner's son was killed in that incident on 3/7/1989, Superintendent of Police, Thoubal issued order being No.E/17/11/85/SP-TBL : Thoubal the 4th July, 1989 to the effect that “Constable No.868027 at 11.00 a.m. in an encounter with an armed extremist group suspected to be PLA at Leirothal Village under Yairipok Police Station. Their names have been struck off from this District Strength w.e.f. 4/7/1989” (Annexure-A/1 to the writ petition).

3. Further case of the petitioner is that Government of Manipur in exercise of the power conferred by proviso to Article 309 of the Constitution of India was pleased to make the Rules called “The Manipur Service (Pension) Rules, 1982 and the provisions of the said Pension Rules, 1982 are applicable to the Government employees who were killed by members of the extremist organization. The amount of pension under the said Special Pension Rules will be equivalent to the total emolument including dearness allowance and compensatory allowance last drawn by the deceased Government servant. In this regard, learned GA submits that only the persons mentioned in Rule 3.1 are entitled to get the pension benefit under the said Special Pension Rules. Learned counsel for the petitioner, in this regard contends that under Rule 9 of the said Pension Rules, 1982, Government of Manipur has some relaxation. Rule 9 of the Special Pension Rules, 1982 reads as follows :

“9. Whereas the Governor is satisfied that the operation of any of these Rules causes undue hardship in any particular case or class of cases, he may be order in the official Gazette, dispense with or relax the application of that rule to such extent and subject to such conditions as he may consider necessary.”

4. After the death of her son, the petitioner filed an application dated 21/9/1990 to the Superintendent of Police, Thoubal, Manipur for granting Special Pension to her deceased son D. Pfokhrehii, Ex-constable No.868027. The said application of the petitioner dated 21/9/1990 was also forwarded by the SP, Thoubal under his letter dated 20/4/1990 (Annexure-A/3 to the writ petition) to the AIG (ADM) Imphal PHQ. Ultimately, under the order of Government of Manipur being No.13(1)/46/80-H(III) dated, Imphal the 11/2/1992 (at Annexure-A/9) informed the Director General of Police that the proposal for payment of special pension in respect of late D. Pfokhrehrii, ex-constable has not been acceded by the Finance Department (Annexure-A/9 to the writ petition). Only on 18/3/1994, the Government of Manipur under the letter of Under Secretary (Home) being No.13(1)/46/80-H(III) dated 18/3/1994 (at Annexure-A/11) had informed the petitioner that her request for payment of special pension had been examined minutely and the same has not been entertained as it was not admissible under the existing government rules. Being aggrieved by the said two letters of Government of Manipur dated 11/2/1992 (Annexure-A/11 to the writ petition) filed this writ petition on the inter alia, reasons that :

(1) In respect of other similarly situated ex-constables who were killed by extremists, Government of Manipur was pleased to extend Special Pension to their mothers and/or fathers;

(2) In similar case also this court had already passed order dated 27/10/1998 in a joint writ petition i.e. C.R. No.260 of 1998 filed by 12 petitioners that case of those petitioners shall also be dealt with the same manner as has been done in the manner in which the government of Man