QUAMAR LYNGDOH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) THIS instant writ petition is directed against the impugned Office order dated 11.05.11 issued by the respondent No. 2 for adjusting the gratuity and leave encashment benefits of the petitioner.

(2.) THE petitioner 's case in nut shell is that ''this is an application under Article -226 of the Constitution of India for issuance of a writ in the nature of Mandamus and/or Certiorary and/or any other Writ, Order or Direction assailing the impugned Office Order No. MTDC/PER/119/87/490, dated 11.05.11 issued by the respondent No. 2 in arbitrary and illegally adjusting the gratuity and leave encashment benefits of the petitioner after his retirement. The petitioner while in service in the Meghalaya Tourism Development Corporation (MTDC) was asked to take up additional responsibilities for repair and renovation besides other urgent works.

(3.) ON the other hand, Mr. RB Pradhan, the learned counsel appeared for on behalf of the respondent MTDC submitted that the Corporation is ready to pay the post retirement benefits if petitioner submits the accounts/bills in the proper format. In reply, petitioner 's counsel further contended that, as per the letter dated 1.02.12 (Para -4) at Page -39, it is clearly shown that there is no separate Financial Procedures and the MTDC follows the Financial Rules of the State of Meghalaya.