Nirmalya Bhattacharjee vs State Of Meghalaya & 7 Ors

Sanjib Banerjee, CJ

The appeal arises out of a judgment and order of July 26, 2022 by which the appellant’s writ petition has been dismissed upon the grievance raised therein being found to be unmeritorious.

The primary case made out by the appellant was that a particular cut-off date was fixed for the revised scale of pay to be applicable and the anomalous choice of date resulted in the appellant obtaining lesser retrial benefits than some similarly placed employees who had retired prior to the appellant.

Upon noticing the essence of the appellant’s claim, an observation was made when the appeal was received that if such was the case that the appellant was to receive less benefits than similarly placed employees who had retired earlier, the matter had to be considered by an anomaly committee or otherwise looked into. Mr. Sahay appearing for the State submitted that if there was a genuine grievance and an anomaly of the kind indicated in Court, the matter would be addressed by the State.

It now appears that an office order dated September 13, 2022 has been issued by the Meghalaya Energy Corporation Limited by which the anomaly that had arisen in the appellant’s case has been addressed. A copy of the relevant office order will be retained in the records. The relevant notification, inter alia, provides that “in the case of Corporation’s employees who retire within 6 (six) months from the date of coming over to the revised scale of pay, an average emolument of 6 (Six) months period preceding the date of retirement have been calculated as interpreted under Regulation 5(iv)(a)…” It is evident from the office order that the same has been issued specifically in respect of the case of the appellant herein.

It is further submitted on behalf of the State and the concerned employer that the grievance of the appellant has been adequately addressed by the issuance of the said order of September 13, 2022 and the arrears due to the appellant on the basis of the said office order would be released as expeditiously as possible.

Accordingly, WA No. 32 of 2022 is disposed of by modifying the judgment and order impugned dated July 26, 2022 and recording that the appellant will be entitled to the benefits in terms of the office order of September 13, 2022. It is hoped that the entire additional amount now due to the appellant will be made over to the appellant within four months from date.

There will be no order as to costs.