KARDAK ETE
P. Bongei Phom W/o Late Hamvok Phom – Appellant
Versus
State Of Nagaland – Respondent
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
Anuradha Choudhury Vs. State of Arunachal Pradesh & Ors reported in (2013) 5 GauLT 475.
Col. B.J. Akkara (Retd.) v. Government of India and Others (2006) 11 SCC 709
Chandi Prasad Uniyal & Ors Vs. State of Uttarakhand & Ors reported in (2012) 8 SCC 417.
Dipendra Nath Thakuria & Anr Vs. Assam State Electricity Board & Ors reported in (2015) 4 GauLT 32.
High Court of Punjab and Haryana & Ors Vs. Jagdev Singh reported in (2016) 14 SCC 267
State of Bihar Vs. Pandev Jagdishwar Prasad reported in (2009) 3 SCC 117.
Syed Abdul Qadir & Ors Vs. The State of Bihar reported in (2009) 3 SCC 475.
State of Punjab & Ors Vs. Rafiq Masih (White Washer) & Ors reported in (2015) 4 SCC 334.
Shyam Babu Verma v. Union of India [(1994) 2 SCC 521 : 1994 SCC (L&S) 683 : (1994) 27 ATC 121]
Syed Abdul Qadir and Others v. State of Bihar and Others (2009) 3 SCC 475
Union of India v. M. Bhaskar [(1996) 4 SCC 416 : 1996 SCC (L&S) 967]
V. Gangaram v. Regional Jt. Director [(1997) 6 SCC 139 : 1997 SCC (L&S) 1652
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