ORDER :

1. Heard Mr. M.R. Sodial, learned counsel appearing on behalf of the petitioner, Mr. P.K. Munir, learned counsel appearing on behalf of the respondent nos. 1, 2 and 3 and Mr. A. Hasan, learned counsel appearing for the respondent no. 4.

2. The instant writ petition has been filed challenging the inaction on the part of the respondent authorities in not making payment of the gratuity, group insurance, leave salary, provident fund and other retiral benefits payable to the petitioner.

3. It has been submitted that on account of a communication dated 25.02.2021 issued by the Chief Executive Officer, Khadi and Village Industries Board, Chandmari, whereby there is a direction issued to the petitioner to pay the amount of Rs. 4,02,682/- at the Central Store account and interest at the Head Quarter account of the Board within 15 days from the issue of the said order, the respondent authorities are not releasing the pensionary benefits to the petitioner.

4. At this stage, it is relevant to take note of that this Court vide an order dated 21.12.2022 passed in W.P. (C) No. 6781/2021 have already set aside the communication dated 25.02.2021, however, has been given liberty to the respondent nos. 1, 2 and 3, to take appropriate action as deem fit, in terms with the Assam Services (Discipline and Appeal) Rules, 1964 (for short ‘the Rules of 1964’). Admittedly as of now, there has been no enquiry proceedings initiated under the said Rules of 1964. Further to that, in terms with Rule 21 of the Assam Services (Pension) Rules, 1969 (for short ‘the Rules of 1969’) the power to withhold the pensionary benefits is with the Governor.

5. Taking into account that there is no departmental proceedings, this Court directs the respondent authorities to make payment of the gratuity, group insurance, leave salary, provident fund and other retiral benefits payable to the petitioner within a period of 6 (six) months from today.

6. It is however, observed that in the meantime if any disciplinary proceedings are initiated in terms of the Rule 21 (a) of the Rules 1969, the retiral benefits of the petitioner shall be subject to the outcome of the said disciplinary proceedings.

7. This Court would further like to observe that taking into account that the petitioner has already retired, the respondent authorities more particularly, the respondent nos. 1, 2 and 3 are to take steps for initiation and completion of the said Disciplinary Proceedings within a period of six month from the date of instant order.

8. With the above, the petition stands disposed.