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2023 Supreme(Gau) 1058

KARDAK ETE
P. Bongei Phom W/o Late Hamvok Phom – Appellant
Versus
State Of Nagaland – Respondent


Advocates:
Advocate Appeared:
For the Appellant : IMTONG KICHU

JUDGMENT :

Heard Ms. Mika H Aye, learned counsel for the petitioner and also heard Mr. N. Angami, learned State counsel for the State respondents and Mr. N. Mozhui, learned counsel for respondent No. 5.

2. By filing this application under Article 226 of the Constitution of India, the petitioner, (wife of late Hamvok Phom, who retired as Political Assistant to Deputy Commissioner, Longleng) has assailed the Cabinet decision and the Order No. LLG/ACCTT-18/2019-2020/249 dated 08.06.2020 issued by the Deputy Commissioner, Longleng for recovery of excess drawal of pay and allowances in respect of Late Hamvok Phom amounting to Rs. 14,90,273/-( Rupees Fourteen Lakh Ninety Thousand Two Hundred and Seventy Three) only, for the period from March 2015 to December, 2017 from his pension gratuity. The petitioner has also prayed for a direction to the respondents to complete the process for pension of the petitioner’s late husband within a period of two months.

3. The case in brief is that vide common order No. EST-15/79-80/5211-14 dated 20.02.1980, the petitioner’s late husband was appointed to the post of paid DB on contingency basis under the establishment of Deputy Commissioner, Tuensang, Nagal

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