Meghalaya High Court
Sushmita Dey Basumatary vs The Union Of India And Ors on 11 October, 2017
IN THE HIGH COURT OF MEGHALAYA
AT SHILLONG
WP(C) No. 168 of 2015
Smti Sushmita Dey Basumatary
W/o (L) Dr. Rantu Basumatary
R/o ICAR Research Complex
NEH Region, Umiam
Ri-Bhoi District, Meghalaya
... Petitioner
- Versus -
1. Union of India
Represented by Govt. of India,
Ministry of Agriculture, New Delhi
2. Indian Council of Agricultural Research
(ICAR) for NEH Region, Umiam
Ri-Bhoi District, Meghalaya
3. Director,
Indian Council of Agricultural Research
(ICAR) for NEH Region, Umiam
Ri-Bhoi District, Meghalaya
4. The Chief Administrative Officer,
Indian Council of Agricultural Research
(ICAR) for NEH Region, Umiam
Ri-Bhoi District, Meghalaya
5. Administrative Officer (G)
Indian Council of Agricultural Research
(ICAR) for NEH Region, Umiam
Ri-Bhoi District, Meghalaya
6. Administrative Officer (P)
Indian Council of Agricultural Research
(ICAR) for NEH Region, Umiam
Ri-Bhoi District, Meghalaya
... Respondents
BEFORE
HON'BLE MR. JUSTICE V.P. VAISH
Present
Mr. S. Thapa, Advocate : Counsel for Petitioner
Mr. N. Mozika, Advocate : Counsel for Respondents
Date of Hearing : 11.10.2017
Date of Order : 11.10.2017
WP(C) No. 168 of 2015 Page 1 of 4
ORDER
By way of the present petition under Article 226 of the Constitution of India, the petitioner seeks direction to the respondents to release the Family Pension, Gratuity, Dearness Relief, pending salary and Public Provident Fund (PPF) of (L) Dr. Rantu Basumatary, Ex-Scientist of ICAR. The petitioner also seeks quashing and setting aside letters dated 26th March, 2015 and 5th June, 2015 passed by the Indian Council of Agricultural Research (ICAR).
2. The respondents have opposed the petition by filing an affidavit-in-opposition.
3. An additional affidavit on behalf of the respondents was filed on 12th April, 2017. In the said affidavit, it is stated that the approval of the competent authority had been conveyed to the petitioner for grant of family pension vide Office order dated 21st March, 2017; Leave encashment of Rs. 6,16,478/- (Rupees Six Lakh Sixteen Thousand Four Hundred Seventy Eight only) and provisional pension w.e.f. 20th October, 2014 for Rs. 17,282/- (Rupees Seventeen Thousand Two Hundred Eighty Two only) was granted vide office order dated 30th September, 2015; Promotional arrear w.e.f. 8th January, 2012 to 19th October, 2014 of Rs. 80,745/- (Rupees Eighty Thousand Seven Hundred Forty Five only); and GSLIS amount of Rs. 1,27,849/- (Rupees One Lakh Twenty Thousand Eight Hundred Forty Nine only) was transferred to Bank Account of the petitioner.
4. The petitioner filed reply cum rejoinder affidavit to the said additional affidavit and it is stated that the respondents have not fully granted/released the entitled dues and services benefits to the petitioner and relief in the form of Gratuity and Public Provident Fund (PPF) are yet to be granted/released by the respondents. WP(C) No. 168 of 2015 Page 2 of 4
5. Learned counsel for the petitioner submits that an affidavit of the petitioner for bringing on record the representation dated 27th June, 2017 filed by the petitioner to respondent No. 3 /Director of Indian Council of Agricultural Research for NEH Region the factum of various service benefits received by the petitioner has been filed today, the same is taken on record.
6. Mr. N. Mozika, learned counsel for the respondents, on instructions, submits that leave encashment, promotional arrears w.e.f. 8th January, 2012 to 19th October, 2014 and GSLIS amount have already been paid to the petitioner. He also submits that provisional family pension is being paid to the petitioner. Learned counsel for the respondents further submits that the issue of family pension could not be processed as the date of death of (L) Dr. Rantu Basumatary could not be ascertained because the petitioner had filed two death certificates. Vide letter dated 22-5-2017, the petitioner was requested to clarify the matter. The Administrative Officer, ICAR vide letter dated 29th July, 2017 requested the petitioner to get the death certificate issued by Guwahati Medical College Hospital (GMCH) rectified and re-submit the same for expeditious processing of pension papers. The petitioner clarified the same vide letter dated 3rd June, 2017. Thereafter, the petitioner re-submitted the pension papers on 10th August, 2017. Learned counsel for respondents further submits that pension and gratuity papers have been processed at ICAR, Umiam and the same will be forwarded to the Payment Paying Authority within a week from today. Learned counsel for respondents also submits that an additional affidavit of the Administrative Officer, ICAR has been filed today. The same is taken on record.
WP(C) No. 168 of 2015 Page 3 of 4
7. At this stage, Mr. S. Thapa, learned counsel for the petitioner submits that the petitioner has received the amount of leave encashment, provisional pension w.e.f. 20th October, 2014 and promotional arrears and GSLIS. He also submits that in view of the additional affidavit of respondent No. 5 filed today, the petitioner does not want to pursue the present petition and seeks permission to withdraw the same with liberty to file a fresh petition, if so required. Learned counsel for the petitioner has moved an application for withdrawal of the present petition with liberty to file fresh, if so required.
8. A copy of the application has been supplied to learned counsel for the respondents. The counsel for respondents has no objection to the same.
9. In view of the facts and circumstances of the case and submission made by learned counsel for the petitioner as well as the application for withdrawal of the present petition, the writ petition is dismissed as withdrawn with the liberty as prayed. MC(WPC) No. 183 of 2017
The application is dismissed as not pressed.
Dated: 11th October, 2017 JUDGE
V. Lyndem
WP(C) No. 168 of 2015 Page 4 of 4