Citation : 2023 Latest Caselaw 254 Mani
Judgement Date : 5 October, 2023
Item No. 14
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 951 of 2022
Chingangbam Pateshori Devi
.....Petitioner/s
- Versus -
State of Manipur & 2 Ors.
.... Respondent/s
BEFORE HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
Order
05.10.2023
[1] Heard Mr. Kh. Tarunkumar, learned senior counsel
assisted by Ms. Nirmala, learned counsel for the petitioner, Ms. Ch.
Sundari, learned G.A. for the State respondent and Mr. S. Suresh,
learned counsel for respondent No. 3.
[2] Mr. Kh. Tarunkumar, learned senior counsel, submits that
the present case is squarely covered by a judgment and order dated
10.08.2016 passed by this Court in WP(C) No. 369 of 2015 where it
was held that confirmation of the work-charged service is not required
for calculating pensionary benefit. It is also submitted that the said
judgment and order is upheld by a Division Bench of this Court vide
order dated 03.05.2023 in WA No. 48 of 2018. On 21.09.2023, Ms. Ch.
Sundari, learned G.A., seeks some time whether SLP has been
preferred against the Division Bench order or not. Learned G.A. submits that she has no further instruction regarding the matter of filing
SLP. Learned G.A. has pointed out that in the Single Bench as well as
Division Bench order, the O.M. dated 22.01.2021 regarding
confirmation of work-charged employee has not been considered.
Hence, the earlier judgment and order can be precedent in the subject
matter.
[3] Mr. S. Suresh, learned counsel for respondent No. 3,
submits that respondent No. 3 has not received any relevant document
from the administrative department for calculating family pension of the
petitioner.
[4] Hearing concluded. Order reserved.
JUDGE
joshua
KH. Digitally signed by
KH. JOSHUA
JOSHUA MARING
Date: 2023.10.07
MARING 10:17:06 +05'30'
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