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2025 DAILYLAW 23119 (GAU)

SMTI. P. BONGEI PHOM v. SHRI. ABHISHEK SINGH, IAS AND 6 ORS

COP(C)/2/2024 · 2025-01-15

Budi Habung

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC020000902024 2025:GAU-NL:1 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : COP(C)/2/2024 SMTI. P. BONGEI PHOM W/O LATE HAMVOK PHOM R/O LEINAK WARD LONGLENG, NAGALAND VERSUS SHRI. ABHISHEK SINGH, IAS AND 6 ORS REPRESENTED BY THE HOME COMMISSIONER NAGALAND KOHIMA 2:SHRI T. MHABEMO YANTHAN IAS THE COMMISSIONER NAGALAND KOHIMA 3:SMTI. AKUNU S MEYASE NCS THE COMMISSIONER AND SECRETARY GOVT. OF NAGALAND DEPT OF P AND AR NAGALAND KOHIMA 4:SHRI DHARAM RAJ IAS THE DEPUTY COMMISSIONER LONGLENG NAGALAND 5:SHRI A. PITOHO CHOPHY IAS THE PRINCIPAL ACCOUNTANT GENERAL (A AND E) Page No.# 2/4 NAGALAND KOHIMA 6:SHRI SUSHIL KUMAR PATEL IAS THE COMMISSIONER NAGALAND KOHIMA 7:SHRI W. MANPAI PHOM NCS THE DEPUTY COMMISSIONER LONGLENG NAGALAN Advocate for the Petitioner : , IMTONG KICHU,CHINGMEI KONYAK,MIKA H AYE,KEDI KOSO,K LILY SWU,KIVITOLI SWU,P MHONBENI EZUNG,KEVI KIRE,YEKA SUMI Advocate for the Respondent : , BEFORE HON'BLE MR. JUSTICE BUDI HABUNG ORDER Date : 16-01-2025 Heard Ms. Mika H. Aye, learned counsel for the petitioner. Also heard Mr. N. Angami, learned Government Advocate for the respondent nos. 1, 2, 3, 4, 6 and 7 and Mr. N. Mozhui, learned Standing counsel for the respondent no. 5. Mr. N. Angami, learned Government Advocate for the respondent nos. 1, 2, 3, 4, 6 and 7 submits that the respondent has duly complied with the direction of this Court’s order dated 19.09.2023 passed in WP(C)/235/2022. Mr. N. Angami, learned Government Advocate has placed the letter written by the Additional Deputy Commissioner (HQ), Office of the Page No.# 3/4 Commissioner, Nagaland, Kohima dated 02.12.2024 addressed to the Accountant General, Nagaland, Kohima which reads as follows: “In inviting a reference to the subject cited above, I am directed to forward herewith Deputy Commissioner, Longleng Letter No. DC/LLG/ESTT-17/ (PEN)/2023/646, Dated Lig the 4th Sept 2024 alongwith Service book in respect of Late Hamvok Phom, Ex-Spl. Gr-DB bearing employee Code: ADM00530 under the establishment of Deputy Commissioner, Longleng. Necessary Pension documents are enclosed as listed below:- 1) Form 12:- Application for DCRG of the Govt. Servant. 2) Form 14:- Application for Grant of Family Pension & Birth Certificate. 3) Form 18:-Assessing & Sanctioning Family Pension and DCRG when Govt. servant dies while in service duly countersign by HOD. 4) Form A :- Nomination for Death-cum-Retirement Gratuity. 5) GPF Account Statement. 6) Descriptive Roll & Specimen Signature(2 Nos). 7) Deletion Order. 8) Last Pay Certificate (LPC). 9) Death Certificate. 10) Succession Certificate. 11) Certificate of Non-payment of Pension Gratuity/DCRG, No Demand Certificate. 12) Clearance Certificate from PHED, Power & Bank. Page No.# 4/4 13) 3(Three) Nos of Single Photo. 14) Complete updated Service Book.” The said letter is kept on record and marked with the letter “X”. In view of the above and since the respondents has duly complied with the direction of the Court, this contempt petition stands closed. Ms. Mika H Aye, learned counsel for the petitioner submits that the respondent no. 5 may be directed to expedite the pension process of the petitioner. However, Mr. N. Mozhui, learned Standing counsel for the respondent no. 5, submits that no such direction can be given to the respondent, as there is no such order or direction given in the writ petition. Although, there is no any specific direction given to the respondent no. 5, in the writ petition, it is expected that the respondent no. 5 shall expedite the process of pension of the petitioner’s late husband within a reasonable period considering that the matter has already been delayed. With the above, this contempt petition stands disposed of. JUDGE Comparing Assistant