Allowed

Chandra Deuri v. the State of Assam and 3 Ors.

Gauhati HC8 Sept 2022WP(C)/927/2021

Case brief

AI extract

What is this about?

The petitioner who had retired without receiving salary and retirement benefits prayed for a decision in line with a prior similar case. The Court directed the Corporation to examine the claim for pending dues within five months and allowed the petitioner to approach competent authorities if financial difficulties arise.

What did the court decide?

Respondent No. 4 directed to examine petitioner's claim for pending salary/gratuity/leave encashment and retirement benefits and release same within 5 months.

Chandra Deuri Vs the State of Assam and 3 Ors. — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010020522021

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

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Case No. : WP(C)/927/2021

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CHANDRA DEURI

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S/O. BOKUL DEURI, VILL. HENGRABARI, P.S. DISPUR, DIST. KAMRUP (M), PIN-781037.

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VERSUS

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THE STATE OF ASSAM AND 3 ORS

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REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, WELFARE OF PLAINS TRIBES AND BACKWARD CLASSES, DISPUR, GUWAHATI-781006.

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI-781006.

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3:THE DIRECTOR WELFARE OF PLAINS TRIBES AND BACKWARD CLASSES ASSAM RUKMINIGAON P.O. DISPUR GHY.-781006 ASSAM.

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4:THE ASSAM PLAINS TRIBES DEVELOPMENT CORPORATION LTD. REP. BY ITS MANAGING DIRECTOR GANESHGURI CHARIALI DISPUR GHY.-781006 ASSAM

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Advocate for the Petitioner : MS. D SONOWAL

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Advocate for the Respondent : SC, FINANCE

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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Date : 08-09-2022

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1. Heard Ms. D Sonowal, learned counsel for the petitioner. Also heard Mr. R Dhar, learned counsel for the respondent Nos. 1, 3 and 4 and Mr. R Borpujari, learned counsel for the respondent No. 2.

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2. The grievance of the petitioner is that though the petitioner had retired on 30.12.2020, the petitioner has not been paid his pending salary/gratuity/leave encashment and other retirement benefits. The petitioner’s counsel submits that a similarly situated employee of the Assam Plains Tribes Development Corporation had approached this Court, by way of WP(C) No. 2461/2019, which was disposed of vide order dated 11.04.2019. She prays that the present case may be disposed of in terms of the order dated 11.04.2019 passed in WP(C) No. 2461/2019.

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3. Mr. R Dhar, learned counsel for the respondent Nos. 1, 3 and 4 and Mr. R Borpuzari, learned counsel for the respondent No. 2 submit that they have no objection to the prayer made by the petitioner’s counsel.

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4. Paras 3 to 7 of the order dated 11.04.2019 passed in WP(C) No. 2461/2019 are reproduced below:-

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“3. It goes without saying that if any employee has rendered his service and if his appointment is lawful, the employer cannot withhold the salary for the service rendered by

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the employee and the retiral and pensionary benefits attached to the post.

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Accordingly, this Court is of the view that it is the responsibility of the employer, herein, Assam Plains Tribes Development Corporation Limited to ensure payment of salary for the service rendered by the petitioner and other retiral and pensionary benefits which the Corporation will do so by making necessary verification in this regard.

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If there be any financial problems in the Corporation, the Corporation would be free to seek financial assistance from various authorities including the State of Assam and as such the authorities will consider such request so that the employee is paid his due salaries and other retiral and pensionary benefits.

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Accordingly, present petition is disposed of with the direction to the respondent authorities, more particularly, respondent No. 5, to examine the claim of the petitioner for releasing the arrear salary which the petitioner claimed due from 01.01.2006 to 30.06.2012 when he retired from service and also his retiral and pensionary benefits as observed above, if the Corporation authorities find any financial difficulties may approach the competent authorities in this regard.

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The aforesaid exercise shall be undertaken by the respondent No. 5 for release arrear salary and other retiral and pensionary benefits to the petitioner within a period of 6 (six) months from today.”

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5. On perusing the contents of the order passed in WP(C) No. 2461/2019, this Court is of the view that the present case can be disposed of in line with the above case. Accordingly, the respondent authorities, more particularly the respondent No. 4, is directed to examine the claim of the petitioner with regard to release of his pending salary/gratuity/leave encashment and other retirement benefits. If the Corporation authorities find any financial difficulty, they may approach the competent authority for funds in this regard. The aforesaid exercise shall be undertaken by the respondent No. 4 for release of the pending dues of the petitioner, within a period of 5 (five) months from the date of receipt of a certified copy of this order.

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6. The writ petition is disposed of accordingly.

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JUDGE

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Comparing Assistant

Chandra Deuri v. the State of Assam and 3 Ors.

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Chandra Deuri v. the State of Assam and 3 Ors.

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