Manipur High Court
Lairikyengbam Tomba Singh vs Vrs on 1 October, 2025
Author: Ahanthem Bimol Singh
Bench: Ahanthem Bimol Singh
Digitally signed
LUCY by LUCY
GURUMAYUM Item No. 90
GURUM Date:
2025.10.03 IN THE HIGH COURT OF MANIPUR
AYUM 14:17:44
+05'30' AT IMPHAL
WP(C) No. 627 of 2024
Lairikyengbam Tomba Singh ...Petitioner/s
Vrs.
State of Manipur & 3 ors. ...Respondent/s
-B E F O R E-
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
01.10.2025
[1] Heard Ms. L. Sillori, learned counsel appearing for the
petitioner; Mr. Shyam Sharma, learned GA appearing for the
respondent nos. 1, 2 & 3; and Mr. S. Jasobanta, learned counsel
appearing for the respondent no. 4.
[2] The present petition has been filed with a prayer for
directing the respondents to grant family pension to the petitioner on
the death of his wife (viz.), (late) M. Mani Devi, Ex-Female Chief Head
Warder of Manipur Central Jail on 31.05.2017.
[3] The case of the petitioner is that he got married to his wife
(late) M. Mani Devi on 02.03.1971 by performing a marriage ceremony
as per the Hindu religious rites and customs prevailing amongst the
Manipur Hindu society in the state of Manipur. During the life time of
the petitioners' wife, she was an employee of the Manipur Government
and she retired as Female Chief Head Warder of Manipur Central Jail,
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Imphal with effect from 25.04.2006 on attaining the age of
superannuation. After her retirement, the wife of the petitioner was
enjoying pension till she expired on 31.05.2017.
[4] Upon expiry of his wife, the petitioner submitted an
application to the Superintendent, Manipur Central Jail, Manipur on
26.11.2018 along with supporting documents for payment of family
pension. Thereafter, the applications along with the supporting
documents were forwarded by the office of the Superintendent,
Manipur Central Jail, Sajiwa to the concern authorities of the State
Government for doing the needful. However, on some enquiry being
made from the office of the Accountant General as well as from the
Secretariat Department of Personnel (Pension cell), Government of
Manipur, the process for payment of family pension in favour of the
petitioner was stalled and remain stagnant. Hence, the present
petition.
[5] Ms. L. Sillori, learned counsel appearing for the petitioner
submitted that the petitioner is the lawful husband of the deceased
Government employee and the office of the Sub-Deputy Collector,
Imphal West (Central), Manipur after holding a field enquiry has
submitted a report under a letter dated 02.03.2020 to the Sub-
Divisional Officer, Lamphel, Imphal West stating that the petitioner is
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the lawful husband of the deceased Government employee viz., Smt.
M. Mani Devi, Ex-Female Chief Head Warder of Manipur Central Jail.
Thereafter, through proper channel, the said report has been
forwarded to the concern authorities of the Government.
[6] It has been submitted by the learned counsel that even
after receiving such report from the competent authorities of the
Government to the effect that the petitioner is the lawful husband of
the aforesaid deceased government employee, the Secretariat Home
Department, Government of Manipur wrote a letter dated 30.12.2020
to the petitioner requesting the petitioner to produce a Judgment and
Decree of a competent Court that he is the widower of Late M. Mani
Devi.
[7] The learned counsel submitted that pursuant to the said
letter, the petitioner has already approach the Family Court at
Lamphelpat by filing a Matrimonial (Declaration) Suit No. 37 of 2021
and the said suit was allowed by the ld. Family Court by a Judgment
dated 14.02.2022 by declaring that the petitioner is the
husband/widower of the late Mayanglambam Mani Devi of Sagolband
Sayang Pukhri Mapal, Imphal West, Manipur.
[8] It has been submitted by the learned counsel that even
after submission of such judgment and decree passed by the
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competent Family Court and the report submitted by the competent
authorities of the Government to the effect that the petitioner is the
lawful husband of the deceased Government employee, the authorities
are not finalizing for payment of family pension in favour of the
petitioner. The learned counsel accordingly prays for directing the
authorities to expedite the process for finalization for payment of
family pension in favour of the petitioner within a stipulated period.
[9] I have perused the counter affidavit filed on behalf of the
respondent nos. 2 & 3 and on careful perusal of the averments made
therein, this Court did not find any statement denying or disputing the
fact that the petitioner is the lawful husband of the said deceased
Government employee.
[10] On behalf of the office of the Accountant General, Manipur,
it has been submitted that because of non-furnishing of necessary
documents by the concern authorities of the State Government and
until and unless the necessary documents are received from the State
Government, the office of the Accountant General, Manipur is not in a
position to process for finalization of family pension payment order in
favour of the petitioner.
[11] I have heard at length the submission advanced by the
counsel appearing for the parties and also carefully examined the
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materials available on records. In the present case there is no dispute
with regard to the fact that the petitioner is the lawful husband of the
deceased Government employee, viz., (late) M. Mani Devi, who was a
pensioner under the State Government and who expired on
31.05.2017. To support the claim that the petitioner is the lawful
husband of the said deceased Government employee, the competent
authorities of the State Government has already submitted a report
after holding a thorough enquiry and the ld. Family Court, Manipur has
also passed a Judgment & Decree in favour of the petitioner to the
effect that he is the lawful husband of the said deceased Government
employee.
[12] Under Rule 50(8)(a) of the Pension Rules, 2021, it is, inter
alia, provided that if a deceased Government servant or the pensioner
is survived by a widow or widower, Family Pension at the rate
specified in sub-rule (2) shall be payable to such widow or widower,
up to the date of death or re-marriage, which ever is earlier and the
eligibility of the widow or widower for Family Pension shall not be
affected by the amount of her or his income from other sources.
[13] As there is no dispute with regard to the fact that the
petitioner is the lawful husband of the aforesaid deceased Government
employee/Pensioner and as the respondents has not raised any
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objection in this regard, this Court did not see any reasons why the
petitioner should not be entitled to avail Family Pension as provided
under Rule 50(8)(a) of the Pension Rules. Accordingly, the
respondents are hereby directed to expedite the process for payment
of Family Pension to the petitioner as early as possible but not later
than 2(two) months from today.
[14] It is made clear that as the authorities have un-reasonably
withhold payment of the Family Pension to the petitioner for a long
time without any valid reason, the total amount of pension due
payable to the petitioner, from the date it is due payable till actual
payment, will carry an interest of 9% per annum from the date the
same is due payable to him, if in case the respondents fail to release
the Family Pension within the time stipulated herein above.
[15] With the aforesaid directions, the present writ is disposed
of.
JUDGE
Lucy
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