THE STATE OF NAGALAND & ORS. versus NISHEVI ACHUMI

Citation: [2022] 7 S.C.R. 592 · Decided: 11-07-2022 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Appeal(s) allowed

Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 7 S.C.R.
THE STATE OF NAGALAND & ORS.
v.
NISHEVI ACHUMI
(Civil Appeal No. 4223 of 2022)
JULY 11, 2022.
[M. R. SHAH AND B. V. NAGARATHNA, JJ.]
Service Law – Family pension – Claim of – Husband of the
respondent-wife died in harness as work-charge employee in the
year 2005 – In the year 2017 i.e. after period of twelve years from
the death of deceased employee, the respondent-wife filed a writ
petition and claimed the services of her late husband ought to have
been regularized and therefore she is entitled to family pension –
Single Judge of the High Court directed the State to regularize the
services of respondent’s husband one day prior to his demise so
that respondent gets entitled to pensionary benefits – Aggrieved,
State filed appeal before the Division Bench of the High Court,
which was dismissed – On appeal, held:  Deceased employee never
claimed any regularization during his lifetime – Respondent claimed
regularization twelve years from the death of the deceased employee
– At the time of death, the employee was much below in the seniority
list of work charge employees whose services were to be regularised
– High Court committed error in issuing direction to regularise the
services of the deceased employee one day prior to his death –
Judgment and order of High Court unsustainable and set aside.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4223
of 2022.
From the Judgment and Order dated 19.04.2021 of the High Court
of Gauhati (High Court of Assam, Nagaland, Mizoram and Arunachal
Pradesh) Kohima Bench in Writ Appeal No. 21 of 2019.
Ms. K. Enatoli Sema, Amit Kumar Singh, Ms. Chubalemla Chang,
Advs. for the Appellants.
[2022] 7 S.C.R. 592
592
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The Judgment of the Court was delivered by
M. R. SHAH, J.
1.  Feeling aggrieved and dissatisfied with the impugned Judgment
and Order dated 19.04.2021 passed by the High Court of Gauhati at
Kohima in Writ Appeal No.21 of 2019 by which the Division Bench of
the High Court has dismissed the said appeal and has confirmed the
judgment and order passed by the learned Single Judge directing the
appellant – State to regularize the services of the deceased husband of
the respondent from one day earlier to his death and thereafter to pay
the family pension to the Respondent, the State has preferred the present
appeal.
2. The deceased husband of the respondent was working as work-
charge Jugali. He died in harness on 28.08.2005 as work-charge
employee. That in the year 2017 and after a period of twelve years from
the death of the deceased employee, the respondent herein the widow/
wife of the deceased employee filed a writ petition before the learned
Single Judge claiming that the services of her late husband ought to have
been regularized and therefore, she is entitled to the family pension.
The learned Single Judge allowed the said writ petition and directed the
appellant – State to regularize his services from one day prior to the date
of his demise so that the respondent herein – original writ petitioner and
her family members are entitled to pensionary benefits.
2.1 Feeling aggrieved and dissatisfied with the judgment and order
passed by the learned Single Judge, the appellant – State had preferred
the appeal before the Division Bench of the High Court. By the impugned
judgment and order the Division Bench of the High Court has dismissed
the said appeal and has not interfered with the judgment and order passed
by the learned Single Judge regularizing the services of the respondent’s
husband one day prior to his demise. Feeling aggrieved and dissatisfied
with the impugned judgment and order passed by the Division Bench of
the High Court and not interfering with the judgment and order passed
by the learned Single Judge, the State has preferred the present appeal.
Though served nobody appears on behalf of the respondent.
3. Ms. K. Enatoli Sema, learned counsel appearing on behalf of
the State has vehemently submitted that the impugned judgment and
order passed by the High Court directing the appellant – State to
regularize the services of the deceased employee one day prior to his
THE STATE OF NAGALAND & ORS. v. NISHEVI ACHUMI
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SUPREME COURT REPORTS
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demise is absolutely unsustainable. She has made the following
submissions:
(i)
That during his life time, the deceased employee never claimed
regularization;
(ii) That the respondent - original petitioner - widow claimed
regularizatio

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