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Judgment
Heard Mr. S.A. Sheikh, learned counsel for the petitioner as well as Mr. S. Dey, learned Standing counsel for the respondents/GHADC.
The brief fact of the petitioner''s case in a nutshell is that:
The Petitioner is the retired employee of the Respondent who retired from service on 12.11.2014 as Sr. Assistant Settlement Officer
and Secretary of Garo Hills Autonomous District Council, Tura after attaining the age of superannuation. The Respondent authorities
after the retirement of the Petitioner had settled and sanctioned the amount of gratuity and leave salary of the Petitioner being the
retirement benefit vide office order 4 and 6 dated 16-3-2016 and 17-3-2016 (Annexure A-3 and A-4) and the amount of gratuity so
fixed and sanctioned was supposed to be paid to the Petitioner in three equal installment. The Petitioner on 30.05.2016 filed a
representation before the Respondent No. 4 for releasing the retirement benefit and thereafter on several occasions had approached
to the Respondents and made oral request to the Respondent to kindly expedite to release the gratuity and leave salary to the
Petitioner. However the same elicit no positive results, as such the Petitioner being aggrieved by non disbursement of the retirement
benefit being the gratuity and leave salary by the Respondent has approached this Hon''ble Court by filing the instant Writ Petition"".
The learned counsel for the petitioner argued that the petitioner retired on 12.11.2014 and till date, he has not received his service benefit.
Hence, this instant writ petition.
In reply to the submission advanced by the learned counsel for the petitioner, the learned counsel for the respondents/GHADC at the outset
submits that the financial condition of the respondents/GHADC is so bad that they are not in a position even to give regular salary to the
employees. He further contended that the service benefits are given to those who retired on seniority basis and also further submits that the
respondent is helpless to do anything because there is no generation of fund and further argued that, at least 1(one) years'' time may be given to
clear the pension and other service benefits of the petitioner.
After hearing the submissions advanced by the learned counsel for the parties, I could not understand as to why inspite of getting central aid, the
respondents cannot pay the salary and other service benefits to the employees. We must remember that a Government employee or any other
employee after working with their sweat and blood for their service, their entitled income is not provided even after retirement, for which the State
Government is held responsible as to why they are not looking into the matter of the GHADC to generate the fund since the GHADC has totally
surrendered before this Court that they are not able to pay the pension and other service benefits before 1(one) year. I hereby direct the GHADC
to expedite the matter and to release the salary of the petitioner and other service benefits within 10(ten) months from the date of receipt of this
judgment and order.
With this observation and direction the writ petition is allowed to that extent and stands disposed of.