Citation : 2025 Latest Caselaw 369 Mani
Judgement Date : 29 May, 2025
IN. 65 to 67
SHOUGRAKPAM Digitally signed by
SHOUGRAKPAM DEVANANDA
DEVANANDA SINGH
Date: 2025.05.29 16:49:14
SINGH +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC(WP(C)) No. 408 of 2025
(Ref:- WP(C) No. 5 of 2025)
Gurumayum Bimola Devi ... Applicant
Vs.
State of Manipur & ors. ... Respondents
With
MC(WP(C)) No. 5 of 2025 &
WP(C) No. 5 of 2025
B E F O R E
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
O R D E R
29-05-2025 Heard Mr. S. Lokhendro, learned counsel appearing for the petitioner and Mr. Shyam Sharma, learned GA appearing for the respondents No. 1 to 3 and Mk. Azir, learned counsel appearing for the respondent No. 4.
The case of the petitioner is that her husband viz., namely Gurumayum Amitkumar Sharma retired from service w.e.f. 28-02-2021 while serving as Junior Accounts Assistant in the Imphal Treasury of the Director of Treasuries & Accounts, Government of Manipur. It has been submitted that a criminal case viz., Special Trial Case No. 1 of 2018 was pending against the husband of the petitioner during his lifetime and because of the pendency of the said criminal case, all the pensionary and other retiral benefits due payable to the husband of the petitioner was withhold by the authorities. It is also the case of the petitioner that the aforesaid criminal case was disposed of by the Court of Special Judge (PC), Thoubal, Manipur, by a judgment dated 12-04-2021 by discharging all the accused persons in the said case including the
MC(WP(C)) No. 408 of 2025 Contd.../-
husband of the petitioner from the liability of the criminal charges made against them. Subsequently, the husband of the petitioner expired on 17-08-2024 without receiving the pension and other retiral benefits due payable to him. Since the criminal case pending against the husband of the petitioner had already been disposed of by discharging all the accused from the liability of the case and as there is no Departmental Enquiry pending against the husband of the petitioner, the petitioner is entitled to get the pensionary and other retiral benefits including the family pension due payable to the husband of the petitioner on account of his expiry. The learned counsel, accordingly, prays for disposing of this writ petition by directing the respondents to release the pensioinary and other retiral benefits due payable to her husband and also for directing the authorities to release the family pension due payable to her on account of the death of her husband.
Mr. Shyam Sharma, learned GA appearing for the respondents No. 1 to 3 prays for granting a few days' time to get instruction from the authorities as to the reason for non-releasing of the pensionary and other retiral benefits due payable to the husband of the petitioner.
As prayed for by the learned GA, list these cases again on 02-06-2025.
A copy of this order be furnished to the learned GA through his WhatsApp/ e-mail during the course of the day for doing the needful.
JUDGE
Devananda
MC(WP(C)) No. 408 of 2025 Contd.../-
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