AI Structured Summary
Not yet generated for this judgment
Judgment
By way of the present petition, the petitioner seeks directions to the respondents to release the pensionery/retiral benefits, arrears along with
interest to the petitioner.
Briefly stating, facts of the case are that the petitioner''s deceased husband namely (L) Steward Nonglang was working as Upper Division
Assistant in the office of the District Transport Officer, Shillong (Respondent No. 6) who died on 09th February, 2015 while he was in service.
The petitioner, who is the widow of the deceased (L) Steward Nonglang, is entitled to retiral/pensionery benefits of her deceased husband in terms
of the Meghalaya Civil Services (Pension) Rules, 1983.
The petitioner moved an application for withdrawal of unutilized earned leave of her deceased husband on 13th March, 2015 but the
respondents did not send any reply. The petitioner sent a reminder dated 21st March, 2016 but to no response. The petitioner also approached
the respondent No. 3 for issuance copy of service book but to no response. Hence, the petitioner has filed the present petition.
Respondents No. 2 and 3 have filed affidavit-in-opposition.
Mr. K.P. Bhattacharjee, learned counsel for respondents submits that the respondents are taking necessary steps for settling the claim of the
petitioner at the earliest and the respondents will decide the claim of the petitioner within a period of three months.
The relevant para of the affidavit-in-opposition filed by respondents reads as under:
That in response to the averments made in para 9 to 14 of the writ petition, the answering respondent while denying the
contentions of the petitioner as false and baseless, states that question of callous attitude does not arise at all. Further the State
respondents have not failed to comply with the rules of the Meghalaya Civil Service (Pension) Rules 1983 and other rules as alleged
by the petitioner. The respondent further submits that there is no arbitrary or discrimination or violation of any fundamental rights as
alleged by the petitioner and therefore the question of irreparable loss of the petitioner does not arise and hence this Hon''ble Court
may kindly not interfere in this instant matter. Further, the settlement of the claims of the petitioner started as early as 16.12.2015 and
the petitioner has approached this Hon''ble Court in the month of October 2016. Again, immediately on receipt of the Pension
Papers, etc. of the deceased (L) S. Nonglang on 8.11.2016 necessary steps are taken by the department for verification by the
Finance and Accounts Officer prior to sending the same to the Office of the Accountant General (A&E), Meghalaya, Shillong. The
respondents under no condition are denying the claim of the petitioner, but are rather taking necessary steps for settling the claim of
the petitioner at the earliest and for which some time may be required, preferably 3 months.
Mr. S. Wahlang, learned counsel for the petitioner submits that he is satisfied with the same and the present petition may be disposed of and the
respondents be directed to settle the claim of the petitioner with a period of three months. He also submits that in case the claim of the petitioner is
not settled within a period of three months, the petitioner will file a fresh petition.
Mr. K.P. Bhattacharjee, learned counsel for respondents has not opposed the prayer so made by counsel for the petitioner.
Keeping in view of the facts and circumstances of the case and submissions made by learned counsel for both the parties, it is deemed
appropriate to dispose of the present petition at this stage with the directions to the respondents to settle the claim of the petitioner at the earliest
and preferably within a period of three months. However, in case the claim of the petitioner is not settled within a period of three months, the
petitioner is at liberty to file a fresh petition in accordance with law.
Writ petition stands disposed of accordingly.