TARA SINHA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioner approached this Court, after a considerable delay of 12 years, for issuing writ in the nature of mandamus to the authorities to release the petitioner's deceased husband's service benefits such as pension, gratuity, provident fund, group insurance etc. as early as possible.

(2.) Heard Mrs. PDB Baruah, learned counsel for the petitioner and Mr. ND Chullai, learned Sr. GA assisted by Mrs. NG Shylla, learned GA appearing for the respondents.

(3.) Brief facts leading to the filing of the present writ petition as well as the case of the respondents in their counter affidavit are recapitulated. The petitioner's husband (L) Nanda Kumar Sinha, was appointed as temporary Surveillance Inspector attached to Silchar Head Quarter unit under NMEP Scheme until further orders vide order of the Director of Health Services (H.Q.), Assam, Shillong dated 06.12.1960. In pursuance of the said appointment order, the petitioner's husband (L) Nanda Kumar Sinha joined his service as temporary Surveillance Inspector attached to Silchar Head Quarter unit under NMEP Scheme. After joining his service, (L) Nanda Kumar Sinha had undergone training and completed the same successfully. The Meghalaya had been curved out from the Assam and attained Statehood on 21.01.1972 and became full-fledged State under Section 5 of the North Eastern Areas (Re-organization) Act, 1971. After the separation of Meghalaya as a full-fledged State, the two States i.e. the State of Assam and State of Meghalaya under an agreement had to decide in which State the employees of the erstwhile Assam State have to be allocated under Section 64 of the North Eastern Areas (Re-organization) Act, 1971.