Tngen Singh Basaiawmoit vs State of Meghalaya

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Megh) 28

B. BHATTACHARJEE
Tngen Singh Basaiawmoit – Appellant
Versus
State of Meghalaya – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. S. A. Sheikh, Adv.
For the Respondent: Mr. N. D. Chullai, AAG with Ms. Z. E. Nongkynrih, GA.

JUDGMENT :

B. BHATTACHARJEE, J.

1. Heard Mr. S. A. Sheikh, learned counsel appearing for the petitioner and also Mr. N. D. Chullai, learned AAG appearing for the State-respondents No.1 – 4 & 6. None appeared for the respondent No.5.

2. The present writ petition under Article 226 of the Constitution of India has been filed by the petitioner challenging the letters dated 28-11-2019 and 21-02-2020 by which the respondents proposed to release provisional pension to the petitioner and withhold the payment of gratuity.

3. The brief fact of the case is that the petitioner, having attained the age of superannuation, retired from service on 31-01-2014 as Accountant from the office of the Block Development Officer, Shella, Bholaganj C&RD Block, Sohra. However, after superannuation of the petitioner, no service benefits like Pension, Gratuity, Leave Salary and GPF has been released to the petitioner by the respondent. The petitioner being aggrieved by the non-released of the retirement benefits, filed WP(C) No.508 of 2018 before this Court and the said writ petition was disposed of by an order dated 23-08-2019 by directing the respondents to take up the representation dated 22-08-2017, which was