Smti. Sitara Begum, Wife of Nazrul Islam Sarker vs State of Meghalaya represented by the Commissioner and Secretary, Education Department, Government of Meghalaya, & Ors.

Heard learned counsel for the petitioner, Mr. SA Sheikh as well as learned State counsel for the State respondents, Mr. H.Kharmih and learned

counsel for the respondent No. 7, Mr. S.Dey.

The petitioner''s case in a nutshell is that

The brief fact of the petitioner case is that the petitioner''s husband Shri. Nazrul Islam Sarkar who was the principal of Bhaitbari Higher Secondary

School, West Garo Hills, had gone missing on 30-03-2006 while he was on his official duty to receive the salary of the teachers and staff of the

school from the Inspector of Schools, Tura (District School Education Officer). Untiring effort were made by the petitioner family to trace out her

missing husband but to no avail, consequently a missing report was lodged on 02-04-2006 before the Phulbari Police Station, however police was

not active in locating the missing husband of the petitioner even after repeated request. Feeling dissatisfied with the inaction on the part of the Police

in tracing out the petitioner''s husband a Writ of Habeas Corpus being W.P. (Crl) No. 19/2006 was filed by the brother of the petitioner''s

husband before the Hon''ble Guwahati High Court for causing an enquiry into the mysterious missing of her husband. The Writ Petition (Crl) was

disposed of vide order dated 12-11-2007 and entrusted the matter to the Central Bureau of Investigation to investigate. The CBI could not trace

out the missing husband of the petitioner and the investigation by the CBI was culminated and to that effect the CBI filed its report of Final Report

(FR) before the learned Court of ADM (J) Tura vide report dated 30-12-2009. On 14-07-2006, the petitioner filled a representation before the

Respondent No.5 with a prayer to disburse the monthly salary of the petitioner''s missing husband and the said representation was forwarded to

the respondent No 3. The respondent No.3, issued a letter dated 08-08-2006 to the respondent No 5 asking him to inform the petitioner to obtain

the authority/ succession certificate from the competent authority to withdraw the salary of the Petitioner''s husband and accordingly an authority/

succession certificate 04-05-2007 was obtained from the Additional Deputy Commissioner, Dadenggri Civil Sub-Division, West Garo Hills and

the same was submitted to the office of the Respondent No.5 for doing the needful, however, elicit no positive response and in the meantime the

petitioner''s husband retired on 31-08-2008. On 09-07-2012, once again the Petitioner filed an application before the Respondent No.5 praying

for release of the monthly salary and other dues of the petitioner''s husband. The Respondent No. 5 took notice of the application dated 09-07-

2012 and eventually issued a letter dated 12-07-2012 directing the Principal of Bhaitbari Higher Secondary School (Respondent No.6) to make

the payment of salary and arrear if any left by the missing husband of the Petitioner on or before 18-07-2012 and the same was not disbursed to

the Petitioner till date even after several approach personally made by the Petitioner. Thereafter on 21-04-2014, the Petitioner filed an application

before the Secretary, Managing Committee of the School (Respondent No. 7) praying for the release of the salary and other dues of the

Petitioner''s husband, however, all attempts to release the dues of her husband proved to be ineffectual. Last but not least, the Petitioner on 25-02-

2016 filed a representation before the Respondent No 4 requesting him to take necessary measures to release the monthly salary of the

Petitioner''s husband due from the date of missing till the date of retirement and the retirement service benefit due to the petitioner husband as

admissible under the Meghalaya Aided School Employees (Death cum Retirement Gratuity) Rules, 1985, however, no such action was taken on

that behalf by the Respondent No.4. Hence this writ petition for necessary direction.

Learned counsel for the petitioner submits that the petitioner''s husband was the Principal of Bhaitbari Higher Secondary School, West Garo

Hills and all of a sudden he went missing since 30-03-2006 and thereafter he remained untraced inspite of FIR and CBI investigation. Finally,

when he did not return, he was retired from office on 31st August, 2008. Thereafter, petitioner approached the respondents for pending salary as

well as other retirement benefits but till date she has not received the benefits.

After hearing the learned counsels for the parties, respondents are directed to release the salary and other retirement benefits of the missing

husband of the petitioner within one month from the date of receipt of the certified copy.

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