Allowed

Tapas Bose v. the State of Assam

Gauhati HC2 Dec 2021WP(C)/2859/2020

Case brief

AI extract

What is this about?

The Supreme Court analyzed a writ petition filed by a retired electrician seeking the release of his outstanding retirement dues and group insurance. Finding that the Assam State Housing Board had utilized a previous order, the Court directed the Board to generate funds and pay the petitioner within four months.

What did the court decide?

Directing the Assam State Housing Board to generate funds and pay the petitioner's retirement dues within four months.

Tapas Bose Vs the State of Assam — Pension and Retirement Benefits | Gauhati HC (2021)

¶1

Page No.# 1/4

¶2

GAHC010096332020

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : WP(C)/2859/2020

¶5

TAPAS BOSE

¶6

S/O- LATE BIBHUTI BHUSAN BOSE, R/O- GREENWOOD LANE, H NO. 52, ODALBAKRA, P.S- ODALBAKRA O P, DIST- KAMRUP(M), ASSAM

¶7

VERSUS

¶8

THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY, GOVT OF ASSAM, URBAN DEVELOPMENT DEPTT, DISPUR, GUWAHATI- 06

¶9

2:THE COMMISSIONER OFFICE OF THE COMMISSIONER ASSAM STATE HOUSING BOARD RG BARUAH ROAD GUWAHATI- 05 DIST- KAMRUP(M) ASSAM

¶10

3:THE CHIEF ACCOUNTS OFFICER ASSAM STATE HOUSING BOARD RG BARUAH ROAD GUWAHATI- 5 DIST- KAMRUP(M) ASSA

¶11

Advocate for the Petitioner : MR. J I BORBHUIYA

¶12

Advocate for the Respondent : GA, ASSAM

¶13

Page No.# 2/4

¶14

BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

¶15

ORDER

¶16

02.12.2021

¶17

Heard Mr. S Paul, learned counsel appearing on behalf of Mr. JI Borbhuiya, learned counsel for the petitioner. Also heard Mr. I Choudhury, learned counsel for the respondent Nos.2 & 3 and Ms. MD Bora, learned counsel for the respondent No.1.

¶18

The petitioner’s case is that he retired as an Electrician from the Office of the Assam State Housing Board on 31.12.2019. At the time of retirement, out of his retirement dues of Rs.12,36,609/-, an amount of Rs.8,37,537/- has been paid to the petitioner and the remaining Rs.3,99,072/- has not been paid till date. That apart, the respondents have failed to release the petitioner’s leave salary for 300 days as well as group insurance amounting to Rs.37,000/-.

¶19

The petitioner thus prays that a direction be issued to the respondent authorities to release the retirement dues of the petitioner at the earliest. He also submits that the present writ petition can be disposed of in terms of the order dated 01.06.2020 passed in WP(C)No.3523/2019 “Nagen Chandra Das Vs. State of Assam and 3 Others”.

¶20

Mr. I Choudhury, learned counsel for the respondent Nos.2 and 3 submits that the present writ petition can be disposed of in terms of the order dated 01.06.2020 passed in WP(C)No.3523/2019.

¶21

Page No.# 3/4

¶22

Ms. MD Bora, learned counsel on the other hand submits that she has no comments to make in the present case.

¶23

I have heard the learned counsels for the parties.

¶24

The respondent No.2 in his affidavit-in-opposition dated 02.09.2021 at paragraphs 5, 6 and 7 has stated as follows:

¶25

“5. That with regard to the statements made in paragraph 5 of the writ petition the deponent begs to state that due to non availability of funds, the entire payment could not be released at a time. However, the payment has been made subject to availability of funds.

¶26

That with regard to the statements made in paragraph 6 & 7 of the writ petition the deponent begs to state that the petitioner has some liabilities against advance amount taken for electrical repairing works. The liabilities has not yet been liquidated/adjusted. Therefore the leave salary and gratuity has not been sanctioned. Further, in case of Group Insurance amounting to Rs.37,000/- the proposal has been submitted to the LIC of India. The amount will be disbursed immediately after receiving the same from LIC of India

¶27

That with regard to the statements made in paragraph 8 of the writ petition the deponent begs to state that the entire retirement benefits could not be released at the time due to actual financial position faced by Assam State Housing Board. Therefore the payments are made depending on the availability of the funds.”

¶28

The reasons for non-availability of funds cannot be used as a ground to deny the petitioner his legitimate dues and the respondent authorities would have to find out ways and means to pay to the petitioner his legitimate dues. As such, this Court is also of the view that this case can be disposed of in terms of the order dated 01.06.2020 passed in WP(C)No.3523/2019, wherein this Court

¶29

Page No.# 4/4

¶30

has held as follows:

¶31

“Needless to say that after retirement, an employee suffers from immense hardships as the regular flow of income stops and only to lead a decent life, the post retirement benefit is granted to an employee. However, if such an employee is deprived of the post retirement benefits, that too, for a long period, it is only not the employee but the entire family would be put to face the grave hardships.

¶32

In that view of the matter, this writ petition is allowed directing that the post retirement benefits of the petitioners be made available within a period of 4 months from today. The Housing Board may take all necessary steps to generate/gather funds by approaching the State Government or by any lawful means by conducting the business of the Board.

¶33

It is made clear that in case of further delay, the amount in question would accrue interest at the rate of 6%.”

¶34

Accordingly, this writ petition is disposed in line with order dated 01.06.2020 passed in WP(C) 3523/2019, with a direction to the respondent Assam State Housing Board to take all necessary steps to generate/gather funds and make payment of the retirement dues of the petitioner, after determining the amount payable to him, within a period of four months from the date of receipt of a certified copy of this order.

¶35

Writ petition is accordingly disposed of.

¶36

Comparing Assistant

Tapas Bose v. the State of Assam

Case brief

What is this about?

What did the court decide?

Tapas Bose v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pradip Kumar Basumatary and 6 Ors. Vs Biren Ch. Phukan, IAS

Sringdao Hapila Vs Moloy Bora and 5 Ors.

Makhoni Saikia Vs Maninder Singh, I.A.S. and 3 Ors.

Bhaba Krishna Ray Talukdar Vs the State Bank of India and 3 Ors.

Jyotipran Kumar and Anr. Vs the State of Assam and 21 Ors.

Prema Kanta Gogoi Vs the State of Assam and 6 Ors.