L.S. JAMIR, J.

1. The petitioners son Lt.Tiamongba Ao while serving as Constable in C Coy 4BN NAP Thizama, Kohima Nagaland was detailed for protection of Rangapahar Reserve Forest, Dimapur. On the evening of 23/2/1989, the petitioners son was run over and killed by one of the logger truck bearing registration No.NLH-1769 (Tata). After the death of the petitioners son, the petitioner applied for family pension and other service benefits. However, the same was not considered by the respondents therefore, the petitioner filed W.P.(C) No.179(K)/2008 before this Court and by judgment and order dated 12/10/2009, the same was disposed of with a direction that the petitioner shall approach the concerned authority by filing a fresh representation along with necessary documents for settlement of family pension of the deceased son. It was also directed that the respondents shall settle the family pension relating to the death of the petitioners son within a period of 6 months from the date of the receipt of the said representation to be filed by the petitioner. Accordingly, the petitioner filed a representation before the respondent Nos. 6 and 8 on 17/11/2009.

The State respondents being aggrieved with the judgment dated 12/10/2009 passed in W.P.(C).No. 179(K)/200S filed a Civil Review Petition No.2(K)/2010 which was disposed of by this Court on 15/5/2012 by setting aside the direction to the respondents to settle the claim of the family pension of the petitioner as directed in the order dated 12/10/2009 passed in W.P.(C) No. 179(K)/2008. Thereafter, the petitioner also served a notice dated 18/5/2012 before the respondent No.6. As there was no compliance by the respondents to this Courts order, the petitioner had filed Contempt Petition No.28(K)/2012. During the pendency of the said contempt petition, the respondents issued a memorandum dated 15/3/2013 stating that the petitioner is not entitled to grant of Dependent Family Pension since the scheme for grant of family pension to dependent came only into effect from 1/1/1998. In that view of the matter, the contempt petition No.28(K)/2012 was closed by order dated 19/6/2013. Being aggrieved with the action of the respondents, the petitioner has filed the present writ petition with the following prayers:

"In the premises, it is most respectfully prayed that your Lordships may graciously be pleased to admit this petition, call for the records, issue a Rule calling upon the respondents to show cause as to why;

1. Impugned Office Memorandum No.FTN/ESTT-11/2006, dated 22/4/2008 passed by the Principal Secretary & Finance Commissioner, to the Government of Nagaland, Finance Department, Establishment Branch, payment of family pension to wholly dependent parents was made admissible in respect of Government employees who died on or after 1/1/1998.

2. The impugned Office Memorandum No.POL/ESTT-8/18/2008 dated 15/3/2013 passed by the Home Commissioner to the Government of Nagaland, Home Department, Police Establishment Branch, disagreeing awarding of family pension to the petitioner.

3. The impugned office letter No.PHQ(B-II)HC/21/2008/1 350, dated 15/6/2013 written by the Inspector General of Police (Hq) reiterating that the respondents/department has not wilfully disobeying the order of the Hon’ble Court should not be quashed and set aside and; Direct the respondent authority to pay extraordinary family pension and ex gratia grant in respect of deceased CN.No. 43381 Tiamongba AO to the petitioners as per the Rules with interest and cost for proceedings."

2. Heard Mr. Imti Longchar, learned counsel appearing for the petitioner as well as Ms. Lucy, learned Sr, Government Advocate for the State respondents and Mr. Yangerwati, learned Standing Counsel, A.G. Nagaland/respondent No.8.

3. Mr. Imti Longchar, learned counsel for the petitioner submits that the respondents had issued an Office Memorandum dated 22/4/2008 which provides that the Government had taken a decision that with effect from 1/1/1998,