LAWS(MEGH)-2023-10-4

TNGEN SINGH BASAIAWMOIT Vs. STATE OF MEGHALAYA

Decided On October 18, 2023
Tngen Singh Basaiawmoit Appellant
V/S
STATE OF MEGHALAYA Respondents

JUDGEMENT

(1.) Heard Mr. S. A. Sheikh, learned counsel appearing for the petitioner and also Mr. N. D. Chullai, learned AAG appearing for the State-respondents No.1 - 4 and 6. None appeared for the respondent No.5.

(2.) The present writ petition under Article 226 of the Constitution of India has been filed by the petitioner challenging the letters dtd. 28/11/2019 and 21/2/2020 by which the respondents proposed to release provisional pension to the petitioner and withhold the payment of gratuity.

(3.) The brief fact of the case is that the petitioner, having attained the age of superannuation, retired from service on 31/1/2014 as Accountant from the office of the Block Development Officer, Shella, Bholaganj C&RD Block, Sohra. However, after superannuation of the petitioner, no service benefits like Pension, Gratuity, Leave Salary and GPF has been released to the petitioner by the respondent. The petitioner being aggrieved by the non-released of the retirement benefits, filed WP(C) No.508 of 2018 before this Court and the said writ petition was disposed of by an order dtd. 23/8/2019 by directing the respondents to take up the representation dtd. 22/8/2017, which was filed by the petitioner and pending before the respondents, for consideration and to decide the same expeditiously. As the same was not done, the petitioner had to approach this Court by filing a contempt petition and during the pendency of the contempt petition the respondent authorities issued the impugned letters dtd. 28/9/2018 and 21/2/2020 by which the respondents decided to release provisional pension and withhold the payment of gratuity to the petitioner.