WA/65/2025 of SEPALIN MARAK Vs STATE OF MEGHALAYA AND 2 ORS. on 23 October 2025

1. State of Meghalaya represented by the Director General of Police, Meghalaya, Shillong.

2. The Assistant Inspector General of Police (A), Meghalaya, Shillong.

3. The Sr Commandant, 2nd Batallion, Meghalaya Police, Georagre, West Garo Hills District, Meghalaya. …Respondents

Coram:

Hon’ble Mr. Justice Soumen Sen, Chief Justice Hon’ble Mr. Justice W. Diengdoh, Judge Appearance: For the Petitioners : Mr S. Deb, Adv.

For the Respondent : Mrs T. Yangi B, AAG with

Mrs I. Lyngwa, GA

Mrs S. Bhattacharjee, GA

i) Whether approved for

Yes/No

reporting in Law journals etc.:

ii) Whether approved for publication Yes/No

in press:

JUDGMENT: (per the Hon’ble, the Chief Justice) (Oral)

Although we do not find any reason to interfere with the impugned order on the ground that the husband of the appellant did not Serial No. 01 Supplementary List 2025:MLHC:1005-DB

challenge the resignation during his lifetime and it was only in the year 2021 that his letter of resignation was being questioned by the wife, we cannot overlook the fact that prima facie the writ petitioner could be entitled to gratuity.

2. Even according to the respondents, the deceased husband of the writ petitioner had rendered 17 years of continuous service and in view of Section 4 of Payment of Gratuity Act, 1972 he would be otherwise entitled to the payment of gratuity on his resignation.

3. We accordingly direct the respondent authorities to consider the prayer for releasing the gratuity as admissible in favour of the writ petitioner unless it has been paid in the meantime within four weeks from date.

4. The appeal succeeds in part.

5. There shall be no order as to costs.

(W. Diengdoh) (Soumen Sen)

Judge Chief Justice

2025:MLHC:1005-DB Digitally signed by SYLVANA LIZ KHARBHIH Date: 2025.10.24 10:16:57 IST Signature Not Verified