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Judgment
The petitioners, namely, Shri Kaind S. Marak, Shri. Constantine T. Sangma, Shri. Michael S. Marak, Shri. Bainsten G. Momin, Smti. Mejna A. Sangma, Shri. Backston N. Sangma, Shri. Tengrak A. Sangma, are said to be regular employees of the Baghmara Municipal Board, South Garo Hills, Meghalaya.
It is the case of the petitioner that they were appointed as regular employees on different posts in the erstwhile Baghmara Town Committee. When the said Baghmara Town Committee was upgraded to Baghmara Municipal Board, they were transferred and their services were regularized under the Baghmara Municipal Board. This is evident from the Gradation List dated 14-12-2014, being No BMB/APPT/1/1995/13, issued by the Chief Executing Officer, Baghmara Municipal Board, where the names of the Petitioners, namely, Shri Kaind S.Marak, Shri Constantine T.Sangma, Shri Micheal S.Marak Shri Bainsten G.Momin, Smti Majina A.Sangma,Shri Backstone N.Sangma and Shri Tengrak A.Sangma are said to have been appointed against posts sanctioned by the State Government vide No UAM.88/95/29 dated 23-02-1996.
It is also the case of the petitioner that they were faithful and sincerely performing their duties with no adverse remarks or complaint from the respondent authority with regard to service rendered by them. They have also been drawing their respective monthly salaries regularly from the date of their appointment as well as from the date of regularization of their service.
However, to the surprise of the petitioners, the State respondent have not been paying their salaries for the past three years and seven months. The last pay received by them was for the month of August, 2016.
The petitioners have approached the State respondent by way of submitting a representation dated 20-11-2018 addressed to the Director Urban Affairs, Government of Meghalaya with a request that their salaries and other service benefits be released to them. Another contention of the petitioners is that they were permanent employees for which the Government has sanctioned the posts and salaries are paid accordingly.
However, the State respondent have appointed another forty employees as employees on temporary basis and, as such, the salaries of the petitioners are being distributed amongst them including the forty temporary employees which has resulted in the respondents to fail in clearing the dues of the petitioners.
Having failed to illicit positive response from the State respondent, the petitioner has approached this Court with this instant petition under Article 226 of the Constitution of India with a prayer to direct the State respondent to pay their salaries along with other service benefits w.e.f. 01-09-2016 till date.
Respondent No.2, i.e., The Director of Urban Affairs, Government of Meghalaya has filed his affidavit-in-opposition on his own behalf as well as on behalf of the respondent No.1/Government of Meghalaya. In his affidavit-in-opposition at Pargraph-5 respondent No.2 has averred that the Department has released an amount of 23.08 lakhs on 09-08-2018 to the Baghmara Municipal Board and thereafter on 28-11-2018 another amount of 4,42,908/- (rupees four lakhs forty-two thousand nine hundred and eight) was also released being payment of subsistence allowance to Shri. Robert T. Sangma, UDA(suspended).
Again on 05-12-2018 a sum of 2,80,895/- (rupees two lakhs eighty thousands eight hundred and ninety-five) was also released to the Baghmara Municipal Board being payment of arrears of salary to Shri. Bainsten G. Momin, Driver.
On 19-06-2019, a sum of 47,23,803/- (rupees forty-seven lakhs twenty-three thousand eight hundred and three) was sent to the Treasury Officer, Shillong District Treasury with the advice to transfer the said amount into Account No. 202000439024 being the Account of Chief Executing Officer, Baghmara Municipal Board (respondent No.4).
At paragraph-7 of the said affidavit-in-opposition, in reply to the averments made by the petitioners at paragraphs 10, 11, 13, 14, 15 and 16 of the writ petition, the respondent No.2 has submitted that the non-payment of the salaries of the petitioners was due to the lack of fund as the amount sanctioned in the last financial year as grant-in-aid for payment of salaries to the employees of Baghmara, Municipal Board was not sufficient to cover the entire amount of the salaries dues to the employees. It is, however, proposed that the remaining amount will be taken up in the current financial year.
The learned Senior G.A. Mr. S. Sen has submitted before this Court that the amount, as stated above, has been duly sent to respondent No.4 and, as such, it is incumbent on respondent No.4 to disburse the amount to the petitioner herein.
It is also submitted that from the records, it appears that the respondent Nos. 3 & 4 have failed to appear before this Court for which this Court vide order dated 27-11-2019 had proceeded ex-parte against them.
Shri. S. Sen has reiterated that respondents No.3 & 4 may be directed to disburse the amount of salary and other service benefits to the petitioners herein.
Mr. P. T. Sangma, learned counsel for the petitioner has submitted that the petitioners will have no grievance if their salaries is disbursed and paid to them.
As submitted by the parties, this Court considering the facts and circumstances of this matter and giving due weightage to the submission of the learned senior GA has deemed it fit and proper to dispose of this petition with the following directions that the Chairman and CEO of the Baghmara Municipal Board, South Garo Hills, Meghalaya, are hereby directed to release the salary due and payable to the petitioner herein.
In this regard, the petitioners are also directed to approach the respondent No.4 for release of their salaries and service benefits to which the respondent No.4 is further directed to release the same and cause deposit of the amount due and payable to the individual petitioners in their bank account.
Let a copy of this order be issued upon the respondents No. 3 & 4 for due compliance.
With the above, this petition is hereby disposed of.
No cost.