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Judgment
By way of the present petition the petitioner, inter alia, seeks directions to the respondents to pay the subsistence allowance, back wages,
arrears and other service benefits and interest @ 18%.
Briefly stating the case of the petitioner is that he was working as Jugali in Meghalaya State Electricity Board. During the tenure of his service a
false F.I.R. was registered against him on 7th October, 1993 as Pynursla P.S. Case No. 14 (10) 1003 under Section 449/302/34 I.P.C. The
petitioner was suspended vide letter dated 5th September, 1994 in view of the pendency of the said trial. It is stated that the subsistence allowance
was never paid to the petitioner during the period of suspension.
It is also stated by the petitioner that after completion of the trial the petitioner was acquitted by learned Fast Track Court vide judgment and
order dated 31st March, 2009 (Annexure-2). Aggrieved by the said judgment and order the State of Meghalaya preferred Criminal Appeal No.
10 (SH) of 2009 before the Hon''ble Gauhati High Court and the said appeal was dismissed vide judgment and order dated 20th November,
2012.
Thereafter, respondent No. 3 revoked the suspension order vide letter dated 5th March, 2012 and the petitioner joined on 11th March, 2013.
However, the subsistence allowance was not paid to the petitioner and the petitioner made representation dated 20th May, 2013 to the
respondent No. 5 but to no effect. Hence, the petitioner has filed the present petition.
The petition has been opposed by respondents No. 2 to 5 by filing affidavit-in-opposition.
An affidavit of the Joint Secretary, Meghalaya Energy Corporation Limited (MeECL) has been filed on behalf of respondents No. 2 to 5 on
29.05.2017. In the affidavit it is stated that the respondents have calculated the arrears of amount payable to the petitioner which comes to Rs.
6,26,488/- (Rupees Six Lakhs Twenty Six Thousand Four Hundred Eighty Eight only). The said amount has been paid to the petitioner by way of
cheque vide payment voucher dated 14.12.2016 and the same was acknowledged by the petitioner. A copy of the receipt/payment voucher has
been filed as Annexure-1 to the affidavit.
The matter came up for hearing on 30.05.2017 and learned counsel for the petitioner sought time for filing response to the additional affidavit
filed on behalf of respondents No. 2 to 5. Again on 07.07.2017, learned counsel for the petitioner sought time for filing response to the same,
however, response to the additional affidavit filed on behalf of respondents No. 2 to 5 has not been filed.
Today, Mr. S. Thapa, learned counsel for the petitioner submits that, in view of the affidavit dated 29.05.2017 filed on behalf of respondents
No. 2 to 5, nothing survives in the present petition. He seeks permission to withdraw the writ petition with the liberty to avail appropriate legal
remedy in accordance with law, if required.
An application seeking permission to withdraw the present petition has been filed by counsel for the petitioner and the same is taken on record.
Learned counsel for the respondents have no objection to the prayer made by learned counsel for the petitioner.
Having considered the facts and circumstances of the case and submissions made by learned counsel for the parties as well as the application
filed today, the writ petition is dismissed as withdrawn with the liberty aforesaid.