Writ petition for release of unpagd retirement dues. Court allowed payment in instalments over 12 months as per counsel consent. Petition disposed of.
Respondents allowed to pay petitioner's retirement dues in instalments over 12 months, starting with Rs. 4,00,000 in August 2022.
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GAHC010094222022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3555/2022
DINESH CHANDRA DAS
S/O- LATE SUNDAR DAS, R/O- NARANGI HOUSING COLONY, P.O. NARANGI, P.S. NOONMATI, DIST. KAMRUP(M), ASSAM
VERSUS
THE ASSAM STATE HOUSING BOARD AND 2 ORS REPRESENTED BY ITS COMMISSIONER, R.G. BARUAH ROAD, GUWAHATI5.
2:THE CHAIRMAN ASSAM STATE HOUSING BOARD R.G. BARUAH ROAD GUWAHATI-5.
3:THE COMMISSIONER ASSAM STATE HOUSING BOARD R.G. BARUAH ROAD GUWAHATI-5
Advocate for the Petitioner : MR. S BORA
Advocate for the Respondent : SC, HOUSING BOARD
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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 06-08-2022
Heard Mr. S Bora, learned counsel for the petitioner. Also heard Mr. TR Gogoi, learned counsel for the Assam State Housing Board.
The petitioner’s grievance is that though the petitioner has retired on 31.03.2021, the gratuity amount of Rs. 5,61,050/-, leave encashment amount of Rs. 3,40,030/-, annual increment of Rs. 32,528/- and CPF amount of Rs. 3,53,582/- totalling to Rs. 12,87,190/- has not been released by the respondents till date.
Mr. TR Gogoi, learned counsel for the respondents referring to para 9 of the affidavit-in-opposition filed by the respondents submits that the retirement dues of the petitioner will be paid within 12 (twelve) months in instalments. He however, submits that the respondents dispute the claim of the petitioner and submit that the petitioner is entitled to Rs. 12,54,662/- and not 12,87,190/-.
Mr. S Bora submits that he will accept the amount admitted by the respondents.
On considering the submissions made by the counsels for the parties and as per their consent, the respondents are allowed to complete the payment of the petitioner’s retirement dues within 12 (twelve) months, as follows:-
The respondents shall pay the petitioner Rs. 4,00,000/- as the first instalment within the month of August, 2022. Thereafter, Rs. 90,000/- shall be paid every month within the first week of the said months, starting from September 2022.
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The writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to the un释放d retirement dues.
Dinesh Chandra Das
Assam State Housing Board
Chairman Assam State Housing Board
Commissioner Assam State Housing Board
Michael Zothankhuma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
