GOMOLIAR D. SANGMA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution of India is to direct the respondents to release the family pension and other service benefits to the petitioner with a further prayer that payment of interest be allowed at the current market rate from the date of entitlement till the date of actual payment.

(2.) The petitioner claims that he was appointed to the post of Assistant Tractor Operator vide order dated 23.07.1975 in the office of District Agriculture Officer, East Garo Hills, Williamnagar. After serving for 13 years as Assistant Tractor Operator, the Director of Agriculture, Meghalaya, Shillong had issued the proposal vide letter No.AGRI(E)/DIR-914(D)/88/9 dated 19.09.1988 for confirmation of Assistant Tractor Operator/Assistant Power Tiller Operator/Assistant Bull Dozer or Bull Dozer Handyman. Accordingly, a request was sent to the District Agriculture Officer, Tura to submit all the required documents along with medical fitness certificate including that of the petitioner so that the matter relating to the confirmation as Assistant Tractor Operator/Assistant Power Tiller Operator/Assistant Bull Dozer or Bull Dozer Handyman could be processed. On submission of the required documents along with medical fitness certificate in compliance to the letter dated 19.09.1988, the services of the petitioner were duly confirmed and regularized by the State respondents.

(3.) According to the petitioner, thereafter the Director of Agriculture, Meghalaya, Shillong vide order dated 15.09.1997 promoted the petitioner from the post of Assistant Tractor Operator to post of Tractor Operator. The petitioner after working for more than 40 years superannuated in October, 2015. It was urged that the Assistant Agriculture Engineer (Mech.), East Garo Hills District vide letter dated 23.01.2018 had submitted his service book and other related papers for grant of Assured Career Progression Scheme (ACPS) to the Director of Agriculture, Meghalaya, Shillong. As per the case of the petitioner, on earlier occasion, the Assistant Agriculture Engineer (Mech.), East Garo Hills had submitted the incorrect statement of arrear pay (revise pay of 2017) along with his service book to the Director of Agriculture, Meghalaya, Shillong but subsequently vide letter dated 23.01.2018 had re-submitted the correct service book and other related papers for grant of ACPS, family pension etc. The petitioner repeatedly requested the respondent authorities on several occasions to release his family pension and other service benefits including ACPS but was informed that due to some difficulties, the State respondents are unable to pay family pension and other service benefits without giving any specific reason or justification.