Manipur High Court
Smt Chanambam (O) Yumnam (N) vs State Of Manipur & 3 Ors on 18 February, 2025
Author: A.Guneshwar Sharma
Bench: A.Guneshwar Sharma
30
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No.380 of 2023
Smt Chanambam (O) Yumnam (N)
Mayol Leima ... Petitioner
-Versus-
State of Manipur & 3 Ors ... Respondents
BEFORE
HON'BLE MR. JUSTICE A.GUNESHWAR SHARMA
18.2.2025
Heard Mr.Th.Kunjaraj, learned counsel for the petitioner,
Mr.S.Niranjan, learned Government Advocate for the State respondent
Nos.1, 2 and 3 and Mr.L.Gunindro, learned counsel for respondent No.4,
office of the Principal Accountant General, Manipur.
The petitioner, who is a post retiral spouse of the deceased
government servant approached this Court for directing the respondents
to convert the family pension to the petitioner under the scheme of Post
Retireral Spouse and to set aside the impugned letter dated 16.1.2023
issued by the Sr. Accounts Officer/Pension, office of the Principal
Accountant General, Manipur. By the impugned letter it is held that under
Rule 54 sub Rule 16 sub-clause (i) of the CCS (Pension) Rules, 1972 the
Post Retiral Spouse is not entitled for family pension.
Mr.Kunjaraj, learned counsel for the petitioner refers to
judgment and decree dated 22.4.2022 issued by the learned Judge,
Family Court, Manipur in Mat (Decl) Suit No.4 of 2021, wherein the
petitioner has been declared as legally married wife of the deceased
Government servant.
Mr.Kunjaraj, learned counsel for the petitioner refers to a
decision of the Hon'ble Supreme Court in the case of
Bhagwanti:Sharada Swamy Vs Union of India reported in 1989
AIR (SC) 2088 wherein it was held that a post retiral spouse is also
entitled to pensionary benefit under Rule 54 of the Pension Rules and the
impugned letter dated 16.1.2023 issued by the Office of the Principal
Accountant General, is against the decision of the Hon'ble Supreme
Court. It is also pointed out that the impugned letter dated 16.1.2023
was issued under the repealed provision and deserves to be set aside.
Mr.S.Niranjan, learned Government Advocate and
Mr.L.Gunindro, learned counsel for the respondent No.4 fairly agree with
the submission of learned counsel for the petitioner.
Accordingly, the impugned letter dated 16.1.2023 is treated
as null as it is against the decision of the Hon'ble Supreme Court.
Accordingly, the writ petition is disposed of directing the
respondent No.4 to process the recommendation of the Administrative
Department, within a period of three months from the date of receipt of
a copy of this order.
With the observation and direction, the writ petition is
disposed of.
Furnish a copy of this order to learned counsel for the
parties.
JUDGE
Priyojit
RAJKUMA Digitally signed
by RAJKUMAR
R PRIYOJIT PRIYOJIT SINGH
Date: 2025.02.20
SINGH 11:08:41 +05'30'
