Allowed

Ajit Kumar Das v. the State of Assam and 3 Ors.

Gauhati HC8 Dec 2021WP(C)/864/2019

Case brief

AI extract

What is this about?

The petitioner, a retired Tax Daroga, approached the High Court for unfulfilled retirement dues. The Court directed the respondent Municipal Board to pay Rs. 25,000 per quarter commencing January 1, 2022, instead of the offered Rs. 20,000.

What did the court decide?

Directed to pay Rs. 25,000 every quarter, payable by the last week of the third month, starting from 1st January, 2022.

Ajit Kumar Das Vs the State of Assam and 3… — Pension and Retirement Benefits | Gauhati HC (2021)

¶1

Page No.# 1/3

¶2

GAHC010026752019

¶3

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

¶4

Case No. : WP(C)/864/2019

¶5

AJIT KUMAR DAS S/O LATE RAJESWAR DAS R/O VILL- S.S. ROAD, TILAPARA, GOALPARA, P.O. DHARAI, B.O. DIST. GOALPARA, PIN - 783132, STATE-ASSAM

¶6

VERSUS

¶7

THE STATE OF ASSAM AND 3 ORS. REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, URBAN DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-06.

¶8

2:THE DIRECTOR

¶9

URBAN DEVELOPMENT DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI-06.

¶10

3:THE GOALPARA MUNICIPAL BOARD

¶11

REP. REHEIN BY ITS CHAIRMAN OFFICE OF THE MUNICIPAL BOARD

¶12

GOALPARA ASSAM- 783101.

¶13

4:THE CHAIRMAN

¶14

GOALPARA MUNICIPAL BOARD

¶15

GOALPARA ASSAM- 783101

¶16

Page No.# 2/3

¶17

Advocate for the Petitioner : MR. S CHAMARIA

¶18

Advocate for the Respondent : GA, ASSAM

¶19

BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

¶20

ORDER

¶21

Date : 08-12-2021

¶22

Heard Mr. S. Chamaria, learned counsel for the petitioner as well as Mr. M. Islam, learned counsel for the respondent Municipal Board.

¶23

The petitioner’s counsel submits that the petitioner retired as a Tax Daroga from the Goalpara Municipal Board on 30.11.2015. While the petitioner was entitled to receive Rs.13,66,939/- from the Municipal Board as retirement benefits, the petitioner has received only Rs.5,19,700/-. He submits that the Municipal Board is still to pay the petitioner Rs.8,47,239/- as on date.

¶24

Mr. M. Islam, learned counsel for the Municipal Board submits that as on date, Rs.8,47,239/- is the outstanding amount payable to the petitioner. He also submits that in terms of the direction passed by this Court as to how much the Municipal Board can give in instalments to the petitioner every quarter, i.e. every three months, the Municipal Board has offered the petitioner Rs.20,000/every three months till the final payment of his dues.

¶25

I have heard the learned counsels for the parties.

¶26

It is clear that the outstanding dues of the petitioner amounting to Rs.8,47,239/- excludes dues that would accrue from time to time.

¶27

On the direction passed by this Court on 26.11.2021 to the counsel for the Municipal Board, to obtain instructions with regard to whether the petitioner

¶28

Page No.# 3/3

¶29

could be paid his retirement dues in instalments every quarter, Mr. M. Islam, learned counsel has produced a letter No.GMB/Case/2021/38 dated 07/12/2021 issued by the Executive Officer, GMB, Goalpara, which states that the Municipal Board can pay the petitioner Rs.20,000/- per quarter, which would amount to Rs.80,000/- per year.

¶30

On considering the offer made by the Municipal Board, this Court is of the view that the amount that should be paid by the Municipal Board in instalments should be Rs.25,000/- per quarter, which would amount to Rs.1 Lakh per year.

¶31

Accordingly, the Municipal Board is directed to pay the petitioner Rs.25,000/- every quarter and the same should be paid by the last week of the third month and the quarter will be counted from 1^st January, 2022.

¶32

The letter dated 07.12.2021 issued by the Executive Officer, Goalpara Municipal Board, Goalpara is made a part of the record and marked as Annexure-X.

¶33

Writ petition is accordingly disposed of.

¶34

JUDGE

¶35

Comparing Assistant

Ajit Kumar Das v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Ajit Kumar Das v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Smt. Manju Kakati Nath Vs the State of Assam and 5 Ors.

Habibur Rahman Khan and 2 Ors. Vs the State of Assam and Anr.

Rinku Boro Vs the State of Assam and 3 Ors.

Jalal Uddin Mazumdar Vs the State of Assam and 4 Ors.

Ratan Kumar Paul and 5 Ors. Vs the State of Assam and 2 Ors.

Bahar Uddin Laskar Vs the State of Assam and 5 Ors.