Shri. Shamsul Alam S/o (L) Anser Ali vs State of Meghalaya, represented by its Commissioner & Secretary to the Government of Meghalaya, Forest and Environment Department, & Ors.

Heard learned counsel for the petitioner, Mr. B.Deb as well as learned State counsel for the respondents, Mr. H.Kharmih.

The petitioner''s case in a nutshell is that:

The petitioner was appointed on 03.07.1969 as a Forester in the Forest Department, State of Meghalaya and had performed his

duties with sincerity and satisfaction of all concerned. The petitioner retired from the service on 31.03.2007 with basic pay of Rs.

5,300/- whereas the petitioner was denied the appropriate scale of pay as recommended by the different Pay Commission of the

State of Meghalaya which was prevalent in the years of 1987, 1996 and 2006.

On unresponsive and insensitive approach of the respondents, the petitioner was forced to preferred a Writ Petition No. 107 of 2013

before the Hon''ble Court and the Hon''ble Court after hearing the parties was pleased to dispose of the petition vide judgment and

order dated 17.06.2013 with a direction to the effect that ""the Forest Department, Govt. of Meghalaya to settle down all the

pensionary benefits, revised pay scale etc, and other financial benefits which the petitioner is entitled in accordance with rules and law.

The petitioner is also directed to submit in details all the money which he has withdrawn or received during the period of his service

which is to be adjusted with the pensionary benefits etc."" In pursuance with the aforesaid judgment and order, the petitioner vide

letter dated 18.06.2013 had sent a copy of the aforesaid judgment and order dated 17.06.2013 along with a copy of the writ petition

including annexures and some medical papers to the respondents wherein paragraph No. 9 and prayer portion of the Writ Petition

No. 107 of 2013 describing the detail of money withdrawn or received during service period of the petitioner.

It is noteworthy to mention that the Office of the Divisional Forest Officer, Garo Hills Division, Tura, vide three different memo has

granted periodical increments to the petitioner from Rs. 2,090/- as on 01.01.1987 to Rs. 9,010/- as on 01.01.2007. However, the

petitioner for reasons not known to him was not paid the periodical increments as granted by the competent authority from time to

time.

The Divisional Forest Officer, Garo Hills Division, Tura vide letter dated 09.07.2015 communicated to the Additional Principal Chief

Conservator of Forest (Admn) Meghalaya, Shillong, to the effect that ""His (petitioner) arrear pay etc with effect from 1979 to 2007

is under process since during the period of about 3 decades he had been transferred and posted to various offices of the

Department"".

The petitioner vide letter/ representation dated 27.06.2016 and 14.07.2016 made a request to the Conservator of Forests (Admn),

Head Quarter, Meghalaya, Shillong to disburse the benefits of the revised arrear pay scale as recommended by the different pay

commission of the State of Meghalaya. However, till date, neither the arrear was released nor any further communication was made

which is not only illegal but also irrational and oppressive act of the respondents and eventually calls for the intervention of this

Hon''ble Court for undoing the wrong perpetrated on the petitioner for all these years. Hence this petition.

Learned counsel for the petitioner, Mr. B. Deb submits that the petitioner is getting less salary than his entitlement and also did not get the

revised pay. Learned counsel further submits that earlier also an order has been passed by this Court directing the respondents to release his

remaining salary which he is entitled and to give his pay according to the revised pay scheme but till date nothing has been done.

Learned State counsel for the respondents, Mr. H.Kharmih fairly submits that it is a fact that he has not received the salary as per his entitlement

and the matter is already under process and will be released soon.

Respondents are directed to release his entire salary which he is entitled along with 6% interest for delay payment from the date he was getting

less salary within 15(fifteen) days. Petitioner is also directed that if he is required to sign any papers, he should cooperate with the department.

With this observation and direction, the petition is allowed and stands disposed of.