MC(WPC)/211/2022 of HEALTHY MERRY KHARBULI Vs STATE OF MEGHALAYA AND 8 ORS. on 16 December 2022

Serial No. 01 Supplementary 1 List

HIGH COURT OF MEGHALAYA AT SHILLONG

MC[WP(C)] No. 211 of 2022In WP(C) No. 504 of 2022

Date of Order: 16.12.2022

Smti. Healthy Merry Kharbuli

Vs. State of Meghalaya & 8 Ors.

Coram:

Hon’ble Mr. Justice W. Diengdoh, Judge

Appearance: For the Petitioner/Appellant(s) : Mr. S. Sen, Adv. For the Respondent(s) : Mr. S. Sengupta, Addl. Sr. GA. for R 1. Mr. S. Sahay, Adv. Ms. R. Colney, Adv. for R 2-9. i) Whether approved for reporting in Yes/No Law journals etc.: ii) Whether approved for publication in press: Yes/No ORAL:

Mr. S. Sen, learned counsel appearing on behalf of the applicant has submitted that pursuant to the admission of the main writ petition, prayer is made for grant of interim relief as far as the release of the amount of the terminal benefits due and payable to the petitioner is concerned, that is, the Death-cum-Retiral Gratuity (DCRG) and leave encashment benefit which may be directed to be released forthwith.

In this regard, reference has been made to the communication dated 07.07.2020, wherein the respondent authorities have conveyed the authorization of payment of ₹ 14,00,000/- (Rupees fourteen lakhs) to the petitioner herein on account of DCRG and to the office order dated 29.07.2020, wherein the respondent authorities have also conveyed sanction of the leave encashment to the petitioner as admissible.

Mr. S. Sahay, learned counsel for the respondents No. 2-9 has however submitted that he may be allowed to seek instructions in this regard, for which some time is prayed for.

On consideration of the prayer made, the respondent authorities are hereby directed to comply with their own directions as far as the sanction of DCRG and leave encashment due and payable to the petitioner is concerned.

The whole exercise is to be completed within a period of 2(two) months from the date of receipt of a copy of this order.

In view of the above, this Misc. Case is accordingly disposed of.

Judge

Meghalaya

16.12.2022 “D. Nary, PS”