These two appeals have arisen out of the common judgment and order dated 27.9.2007 passed by the learned Single Judge in WP (C) 50 (K)/05 and 51(K)/05. Both the writ petitions were shown to have been filed by Smt. Nungsangpokla wife of late Senkalemba.

2. The learned Single Judge by the im­pugned common judgment and order dated 27.9.07 has dismissed both the writ petitions on the ground that the prayer of the petitioner for extending the benefits envisaged in OM dated 6.6.1995 issued by the Chief Secre­tary to the Govt. of Nagaland, in case of Govt. servants killed in encounters involved disputed question of facts which cannot be gone into while exercising writ jurisdiction.

3. According to the petitioner in both the writ petitions, her husband was kidnapped on 3.1.2000 by the members of an extremist organisation and eventually his dead body was found in the particular place on 9.1.2000. Be it stated here that the deceased was a Constable Messenger in the establishment of Nagaland Police Telecommunication Organi­sation.

4. The respondents resisted the claim of the petitioner on various grounds such as the petitioner's husband was a back door entrant to the service, h