REGINA LAMARE Vs. KHASI HILLS AUTONOMOUS DISTRICT COUNCIL

JUDGEMENT

(1.) The writ petitioner is before this Court praying for amongst others, the quashing of an impugned office order dtd. 20/8/2018, whereby the debt-cum-retirement gratuity and leave salary amounting to Rs.9,30,033.00 (Rupees Nine Lakhs Thirty Thousand Thirty-Three only) of her deceased husband, has been released by the respondents No. 1 and 2 (KHADC) in favour of the private respondent No. 3, during the pendency of Succession Misc. Case No. 42/2017 before the Court of the Additional Judge, District Council Court, Shillong.

(2.) The brief facts of the case are that the petitioner was married to one (L) Protasius M. Sylliang, an employee under the respondents No. 1 and 2, who expired on 18/9/2017. Thereafter, the writ petitioner had filed Succession Misc. Case No. 42/2017, before the District Council Court arraying the private respondent No. 3, as opposite party No. 1, who on receipt of notice filed show cause and contested the case. It appears that sometime in March, 2021, the petitioner came to learn that the respondent No. 3, had already received the entitlements of the deceased employee in 2018 itself. As the petitioner could not obtain the details of the payment made to the respondent No. 3, a Misc. Case was filed on 22/3/2021 before the learned Court below, praying that the process of release of payments be stayed, which was allowed by order dtd. 22/3/2021, wherein the Drawing and Disbursing Officer of the respondents No. 1 and 2, was restrained from releasing the terminal benefits during the pendency of the Succession case and also to furnish a detailed list of the debts and securities of the deceased employee before the Court.

(3.) The respondent No. 3 then on 30/3/2021, brought on record documents, showing the change of nomination in her favour in the service record of her late husband of the petitioner. Thereafter, on April, 2021 the respondent No. 3, filed an application annexing the impugned office order dtd. 20/8/2018 before the Court below, wherein it was disclosed that an amount of Rs.9,30,033.00 (Rupees Nine Lakhs Thirty Thousand Thirty-Three only) and family pension of Rs.25,890.00 (Rupees Twenty Five Thousand Eight Hundred Ninety only) per month had been released in favour of the respondent No. 3. In the said petition, the respondent No. 3, had also prayed that the Succession case be closed as she had already received the dues of (L) Protasius M. Sylliang. The terminal benefits and family pension which had been received by the respondent No. 3, as per the statements made in the writ petition, were then known for the first time to the petitioner, as also the fact that, these amounts had been received behind the back of the petitioner, while the Succession case was still pending. The petitioner therefore, being aggrieved with the action of the respondents No. 1 and 2, in releasing the retirement dues and benefits of her late husband, Protasius M. Sylliang, during the pendency of the Succession case; and the conduct of the respondent No. 3, in suppressing the fact that the dues had been received since 2018, is before this Court by way of this writ petition.