IBERIS NONGLAIT Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) HEARD Mr. H.L.Shangreiso, learned counsel appearing for the petitioner, Mrs.N.G.Shylla, learned GA appearing for respondents No. 1 -6, Mr. R.Debnath, learned CGC appearing for respondent No. 7 and Mr. K.Paul, learned counsel appearing for respondent No. 8.

(2.) BOTH the petitioner Smti. Iberis Nonglait and the private respondent No. 8 Smti. Devincecheris Tympoin are claiming themselves to be the legally married wife of (Late)Moristar Kharbuli, who was serving as Assistant Commandant in the Police Department Government of Meghalaya. This writ petition relates with the pensionary benefits of (Late) Moristar Kharbul. In the present writ petition, the petitioner is assailing the impugned order/letter dated 25.01.2013 of the Commandant 5th Battalion Meghalaya Police, Samong, Williamnagar informing the petitioner that the private respondent No. 8 Smti. Devincecheris Tympoin had produced the testimonials from the Dorbar Shnong and also the N.O.C. from (Late) Moristar Kharbuli that she is the wife of (Late) Moristar Kharbuli and under such circumstances; the Department had no other alternative but to make payment of his service benefits to the private respondent No. 8. However, under the said impugned letter dated 25.01.2013, the petitioner had further been requested to produce any credentials/testimonials, if any, to counter her claim of the service benefits of (Late) Moristar Kharbuli within a period of 15 (fifteen) days from the date of receipt of the letter.

(3.) IT is also stated in the writ petition, inspite of necessary sanctioned order for payment of the said amount, the authority concerned did not release the amount to the petitioner. It is further stated in the writ petition that there are many correspondences between the petitioner and the concerned authority in this regard. Ultimately, the Commandant 5th Battalion Meghalaya Police, Samong, Williamnagar issued an impugned letter dated 25.01.2013 informing that the private respondent No. 8 had produced testimonials for claiming herself to be the wife of (Late) Moristar Kharbuli, and having no alternative, had to make the payment of service benefits of (Late) Moristar Kharbuli to the private respondent No. 8; and by the impugned letter dated 25.01.2013 the petitioner had been requested to produce any credentials/testimonials to show herself that she is the wife of (Late) Moristar Kharbuli. Being aggrieved by the impugned letter 25.01.2013, the petitioner filed the present writ petition praying for quashing the impugned letter dated 25.01.2013 and also for a direction to the State respondents to immediately release the pensionary benefits or service benefits of (Late) Moristar Kharbuli in favour of the petitioner permissible under Meghalaya Civil Services (Pension) Rules and also further direction to the respondent to initiate disciplinary proceedings against the Commandant and others for committing misconduct in involving in the illegal alteration of the service book of her deceased husband.