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2022 Supreme(Megh) 1

H. S. THANGKHIEW
Anwarul Kadir – Appellant
Versus
State of Meghalaya – Respondent


Advocates appeared:
Mr. S.A. Sheikh, Advocate, for the Petitioner; Ms. Z.E. Nongkynrih, GA, for the Respondent

JUDGMENT

1. The petitioner who had served as a Headmaster of Rongrikimgre Deficit Upper Primary School, Baghmara, after rendering 25 years of service opted for Voluntary Retirement and was released from service by the Government on 02.02.2005. The only grievance in the instant writ petition is that the retirement dues under the Meghalaya Death Cum Retirement Gratuity Rules, 1985 (DCRG) has not been released to the petitioner.

2. Mr. S.A. Sheikh, learned counsel for the petitioner submits that the benefit of the DCRG cannot be denied to the petitioner in terms of Rule 7 of the Meghalaya Aided School Employees (DCRG) Rules, 1985, as he had voluntarily retired and had not resigned from service. It is further submitted that the ground of denial of DCRG on the basis of Notification No. EDN.220/2007/93 dated 06.04.2015, is not tenable, inasmuch as, it is but an amendment by which the entitlement of DCRG under the rules has been made more explicit. Reliance has been placed on the judgment of this Court dated 25.10.2019, passed in WP(C) No. 277 of 2017 (Shri. Aynal Hoque vs. State of Meghalaya & Ors.), and in the judgments of the Hon'ble Supreme Court in the cases of Shashikala Devi vs. Cent

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