High CourtsSingle Bench(2017) 08 MEG CK 0004

Meghalaya State Housing Board Union, & Ors. vs Government of Meghalaya, & Ors.

Meghalaya High Court · Decided on 18 August 2017

HON’BLE JUDGES
Ved Prakash Vaish
RESULT
Dismissed
CASE NUMBER
381 of 2016

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Judgment

30 paragraphs · 582 words
1.

The petitioners have filed the present petition seeking directions to the respondents to release the salary of the petitioners from November, 2015

till date along with interest and also to deposit the Provident Fund contribution of the employees of the Board from November, 2015 till date. The

petitioners are also seeking directions to the respondents to implement the Assured Career Progression Scheme (ACP).

2.

The respondents have filed an affidavit-in-opposition.

3.

Mr. S. Sen Gupta, learned counsel for the respondents submits that the salary of the petitioners has been released. He also submits that the

matter regarding payment of financial benefits of Assured Career Progression Scheme (ACP) to the employees of Meghalaya State Housing

Board is under process.

4.

During pendency of the petition, the respondents have filed an additional affidavit of the Director of Housing Department, Meghalaya dated 26th

July, 2017 along with a copy of letter dated 13th July, 2017. The relevant paras No. 2 and 3 of the additional affidavit read as under:

2.

That it is an admitted position that the Meghalaya State Housing Board is an Autonomous Body constituted by the Meghalaya

State Housing Board Act, 1986, (Act 6 of 1986) and which is supposed to generate its own revenue for payment of salaries etc to its

employees, however since the Meghalaya State Housing Board failed to generate income of its own so all the expenditures depended

on the grant in aid provided by the State of Meghalaya and following which pending salaries of the employees of the Board has been

paid upto the month of March 2017. And in so far as the remaining / pending salaries thereafter, efforts are being made and will

continue to be made to ensure that all the employees of the Board are paid accordingly from time to time.

3.

That in so far as the financial benefits of ACPS are concerned, it is respectfully submitted that it is in the process of examining the

steps for implementing the benefits of ACPS scheme to all the employees of Meghalaya State Housing Board and it is expected that it

shall be implemented at the earliest. And in this regard your humble Deponent has also forwarded the same vide letter dated 13th July

2017.

5.

Mr. P. Pde, learned counsel for the petitioners submits that after filing of the present petition, the respondents have released the pending salary

and Provident Fund contribution of the petitioners. He also submits that in view of the additional affidavit dated 26th July, 2017 filed on behalf of

the respondents stating that financial benefits of Assured Career Progression Scheme (ACP) is under process, the petitioners do not want to

pursue the present petition and the petitioners may be permitted to withdraw the petition with liberty to file fresh petition in case the respondents fail

to comply with the same.

6.

Learned counsel for the petitioners further submits that an application for withdrawal of the present petition being Misc. Case No. 155 of 2017

has been filed on 01st August, 2017.

7.

Learned counsel for respondents submits that he has no objection to the prayer made by the counsel for petitioners.

8.

In view of the facts and circumstances of the case, submissions made by learned counsel for both the parties as well as the application bearing

Misc. Case No. 155 of 2017, the present petition is dismissed as withdrawn with the liberty aforesaid.

9.

The writ petition and Misc. Case No. 155 of 2017 stand disposed of.