PRASAD CHANDRA BORDOLOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.D. Das, learned senior counsel assisted by Mr. D. Kalita, learned counsel for the petitioners; Mr. R. Dhar, learned Standing Counsel, WPT&BC Department for the respondent nos. 1 and 3 – 5; and Mr. R. Borpujari, learned Standing Counsel, Finance Department for the respondent no. 2.

(2.) The petitioners, 6 [six] in nos., are former employees of Assam Plain Tribes Development Corporation Limited [APTDCL] and they retired from service on superannuation on various dates ranging from 31/12/2009 to 31/8/2020. It is the case of the petitioners that though they have received CPF amounts but they have not yet received the Gratuity and Leave Encashment benefits. It is also their case that though the APTDCL have worked out the petitioners' entitlements under the heads of Arrear Salaries, Gratuity and Leave Encashment benefits, the same have not yet been disbursed to the petitioners despite elapsed of a number of years.

(3.) Mr. Dhar, learned Standing Counsel, WPT&BC Department who was supposed to file a counter affidavit today, has submitted that he has received instructions from the respondent no. 5 in the form of letter bearing no. PTDC/A/907/2021/116 dtd. 3/11/2022. As per the instructions given to him, a proposal for Contingency Fund amounting to Rs.531.79021 lakhs for payment of arrear salaries and retirement benefits to the petitioners in a number of writ petitions including the present writ petition, has already been submitted to the Directorate of Tribal Affairs [Plain], Assam on 23/6/2022 which office, in turn, has forwarded the said proposal to the State Government on 23/6/2022. As per the instructions contained in the letter bearing no. PTDC/A/907/2021/116 dtd. 3/11/2022, the online proposal is pending with the Finance [Budget] Department at present.