Eligibility for regularization depends on service duration and vacancy availability; extraordinary pensions may be granted despite non-regularization if the employee died in service.

JUDGMENT :

MRIDUL KUMAR KALITA, J.

1. Heard Mr. Imti Longchar, the learned counsel for the petitioner. Also heard Mr. E. Thiba Phom, the learned Government Advocate appearing for the State respondent as well as Mr. N. Mozhui, the learned counsel appearing for the private respondent No.9.

2. This writ petition under Article 226 of the Constitution of India has been filed by Smt. Sungmo Chang, impugning the office letter No. ENCP/Legal/WP(C)87(K)/2016/59 dated 30.01.2018 written by the Engineer-in-Chief, Department of Power, Office of the Chief Engineer, Transmission and Generation, Nagaland to the petitioner, whereby she was informed about rejecting the prayer for regularization of the service of the husband of the petitioner posthumously as well as for payment of pension and pensionary benefits.

3. The facts relevant for consideration of the instant writ petition, in brief, is that, the husband of the petitioner, namely, late W. Wongti Chollen, was a Muster Roll employee and later on he was appointed as Work Charged Jugali, under S.D.O. (E) No. II of the Executive Engineer, Electrical Division, Tuensang, Nagaland. It is also stated in the writ petition that by an office order dated 29.11.1985, the husband of the petitioner was appointed as Work Charged employee at a fixed pay of Rs. 300/- (Rupees Three Hundreds only).

4. It is also stated in the writ petition that later on by Office Memorandum No. CEL/A/362/4457/60 dated 27.09.2000, the husband of the petitioner was promoted to Work Charged Jugali on 16.09.2013. His service book was also maintained since the date of his appointment on 29.11.1985.

5. It is stated in the writ petition that on 16.02.2010, the husband of the petitioner died-in-harness when he was detailed to work in the extension of 11 KV 3 Phase Transmission Line 250 KVA 11/4 KVA Sub-station under PMGY Assam Rifles, Nagaland Range, Tuensang, Nagaland.

6. In the year 2016, the petitioner had filed a Writ Petition No. 87 (K)/2016 for payment of pension and pensionary benefits and Ex- gratia on account of the death of her husband. By order dated 09.05.2017, the aforesaid writ petition was disposed of with a direction to the State Respondents to regularize the service of the husband of the petitioner posthumously for the purpose of pension and pensionary benefits and also to pay Ex-gratia of Rupees Five lakhs to the petitioner and her children within a period of four months from the date of the order.

7. The State respondents preferred a Review Petition against the aforesaid judgment. The said Review Petition was disposed of on 26.07.2017 by modifying the order dated 09.05.2017 passed in Writ Petition No. 87 (K)/2016 with an observation that the respondents will have the discretion to determine the amount of Ex-gratia to be paid to the petitioner from Rupees One Lakh to Rupees Five Lakh as per the nature of duties of the deceased government servant.

8. Being aggrieved by the order dated 26.07.2017, passed in the Review Petition No. 9(K)/2017, the present petitioner preferred a Writ Appeal registered as Writ Appeal No. 19(K)/2017. The State respondent also preferred a writ appeal against the said judgment and the same was registered as Writ Appeal No. 20(K)/2017. Since both the writ appeals were directed against the common judgment, hence, both the writ appeals, along with two other writ appeals, namely, Writ Appeal No. 22(K)/2017 and Writ Appeal No. 23(K)/2017, were disposed of by a common judgment dated 24.11.2017.

9. It was di