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Judgment
Heard Mr. A.H. Hazarika, learned counsel for the petitioner as well as Ms. P. Agarwal, learned GA for the State respondents.
The brief fact of the petitioner''s case in a nutshell is that:
The District School Education Officer, West Garo Hills, Tura dated 17-09-1975, was pleased to appoint the Petitioner as
Clerk/Lower Division Assistant, and accordingly the Petitioner joined the Post, thereafter in the year 1989 the Petitioner was
promoted to the post of U.D.A. and in view of his clean service record of the Petitioner, his service was duly regularized by the
Inspector of School, West Garo Hills, Tura, dated 01-06-1991, based on the recommendation of the Departmental Promotion
Committee, West Garo Hills, Tura and since then the Petitioner was continuing in service without break for more than 38 (Thirty
Eight) years and without blasphemy or adverse remarks against him during his whole service career.
The Humble Petitioner further begs to state that the District School Education Officer vide dated. 01-03-2013 issued a Released
Order stating therein that the Petitioner is released from his duty on attaining the age of superannuation w.e.f. 28-02-2013. And the
Petitioner accordingly retired and was released from service, w.e.f., 28-02-2013, and thereafter the Petitioner had submitted all the
necessary documents along with an Application to the concerned Respondent authority to process his Pension matter and other
Retirement Service Benefits, however, the State Respondent failed to sanction or release the Pensionary Benefits/Monthly Family
Pension to the Petitioner even after a lapse of 3(three) years till date, as a result of which the Petitioner and his family members are
facing tremendous and acute financial crisis and also facing great difficulty to run the family as having no other source of income.
That the Meghalaya Civil Service (Pension) Rule, 1983, under Rule 61 and 62 (c) and (d), has provided that the Family Pension
should be sanctioned and released within seven days of the Govt. Employees retirement from service, however the same has been
denied to the Petitioner by not sanctioning and releasing the Monthly Family Pension and other service related benefits.
That the instant Writ Petition is filed bonafide for the ends of Justice.
The learned counsel for the petitioner informed the Court that the petitioner has started receiving his provisional pension/arrear pension, but is
yet to receive the final pension. So, necessary directions may be given.
Ms. P. Agarwal, learned State counsel informed the Court that Mr. H. Kharmih, the conducting State counsel in the present case is busy in
another Court.
After hearing the submission advanced by the learned counsel for the petitioner, I am of the opinion that this case can be disposed of with
following conditions:
The respondent No. 3 i.e. The Director, School Education and Literacy, Meghalaya, Shillong is directed to decide and to release the final pension
of the petitioner within 45(forty five) days from the date of receipt of a copy of this judgment and order.
With this observation and direction the writ petition is allowed to that extent and stands disposed of.