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Judgment
Looking to the short point involved, this matter has been considered for final disposal at this stage itself.
Shorn of unnecessary details, the substance of the matter is that the petitioner, who had served the respondent, Shillong Municipal Board as
driver and retired as back as on 28.02.2015, has stated the grievance that despite approaching the respondents several times for payment of
gratuity, EPF and leave encashment, they were yet to make him any payment on those counts and such a delay on the part of the respondents is
causing serious hardship to him. On being queried, learned counsel appearing for the respondents submits that the respondents had been suffering
from financial crunch but now, they are in the process of settling such claims and would be taking appropriate steps at the earliest.
It is noticed that before filing of this petition, the petitioner did not make any representation to the respondents but there appears no reason that
his claims have not been settled yet by the respondents.
In the totality of circumstances and looking to the submissions made, the respondents are directed to treat this petition itself as a representation
of the petitioner; and to take final decision in the matter relating to retiral dues of the petitioner; and further, to make the requisite payment within
sixty days from today.
In the totality of circumstances, it is also provided that if the respondents fail to clear off all the dues of the petitioner within sixty days from
today, it shall be open for the petitioner to make appropriate submissions before this Court for revival of this writ petition and for further directions.
It is also made clear that if the entire payment is not made to the petitioner within sixty days from today, the payable amount shall carry interest at
the rate of 7% per annum starting from sixty days of the date of retirement of the petitioner; and such amount of interest shall be the personal
liability of the authority concerned, who is responsible for authorising and ensuring the payment to the petitioner.
This petition stands disposed of accordingly.