Meghalaya High Court
Shri Primus Lyngdoh vs The Shillong Municipal Board Shillong on 7 September, 2016
Author: S.R.Sen
Bench: S.R.Sen
1
THE HIGH COURT OF MEGHALAYA
WP(C). No. 200 of 2015
1. Shri. Primus Lyngdoh,
Son of (L) Bron Parle
Resident of - Mawbri, Nongladaw,
Ri-Bhoi Lasa, Ri-Bhoi District,
Meghalaya.
... Petitioner
-Versus-
1. The Shillong Municipal Board,
Shillong, East Khasi Hills District,
Meghalaya.
2. The Chief Executive Officer,
Shillong Municipal Board, Shillong,
East Khasi Hills District, Meghalaya.
3. Secretary Meghalaya Urban
Development Authority, Shillong
East Khasi Hills District, Meghalaya.
...Respondents
BEFORE
THE HON'BLE MR JUSTICE S.R.SEN
For the petitioner : Mr. H.R.Nath, Adv.
For the respondents : Mr. K.Barua, Adv.
Mr. K.P.Bhattacharjee, GA.
Date of hearing : 07.09.2016
Date of Judgment : 07.09.2016
2
JUDGMENT AND ORDER (ORAL)
Heard Mr. H.R.Nath, learned counsel for and on behalf of the petitioner as well as Mr. K.Barua, learned counsel on behalf of the respondents No. 1 & 2. Mr. K.P.Bhattacharjee, learned GA is present on behalf of the respondent No.3.
2. The petitioner's case in a nutshell is that:
"The petitioner was appointed as a Dak Peon in the office of the Shillong Municipal Board in the year 1980 and his service was confirmed by the Department vide order dated 11.12.1991. Thereafter, he was promoted in the post of Duftry vide order dated 19.11.1997 and since then he has been working as a Duftry in the Office of the Shillong Municipal Board, honestly and diligently. The Petitioner was retired from his service on superannuation on 30.10.2013 but after his retirement the Respondent did not disburse the service benefits such as Leave Encashment, Dearness Allowance, Gratuity and other benefits as entitled to by the Petitioner till date. Hence this Writ Petition".
3. Mr. H.R.Nath, learned counsel for the petitioner submits that he is yet to receive the instruction as to whether the petitioner has received his entire benefit as prayed in the instant writ petition. In reply to this, Mr. K.Barua, learned counsel for the respondents No. 1 & 2 submits that the entire pensionary benefits claimed in this instant writ petition has already been released and in this regard, an affidavit dated 31st August, 2016 has also been 3 filed which is on record. The said affidavit is reproduced herein below:
"I Shri B.S.Sohliya, son of Shri D.S.Mawlong, aged about 49 years, resident of Upper Lachumiere, Shillong, East Khasi Hills District, Meghalaya, do hereby solemnly affirm and declares as follows:
1. That I am presently posted as the Chief Executive Officer of the Shillong Municipal Board, Shillong (Board in short) who has been arrayed as Respondent No.1 and 2 in the instant writ petition. I am acquainted with the facts and circumstances of the instant case and am competent and authorized to file this affidavit for and on behalf of the Board.
2. That the deponent submits herein that with regards to the Leave Encashment of Rs. 1,54,744.00 was already paid to the petitioner on 06.06.2016 vide cheque No. 000046 dated 2.6.2016. As regards to the Gratuity, the amount of Rs.
30000.00 has also been paid vide Cheque No. 005639 dated 8.8.2016 and the same has been duly received by the petitioner.
3. That the statements made in this affidavit and in paragraphs 1 and 3 are true to my knowledge, belief and information, those made in paragraphs 2 being matters of record are true to my information derived therefrom which I believe to be true and the rest are my humble submissions before this Hon'ble Court."
4. Since the grievances of the petitioner has already been addressed by the respondents, in my view, nothing survives further to be addressed by this Court. However, it is observed that incase there is any shortage of the amount 4 pertaining to the pensionary benefits of the petitioner, the petitioner will be at liberty to approach the Court afresh.
5. With this direction, the instant writ petition is allowed and stands disposed of.
JUDGE S.Rynjah