Page No.# 1/4 vs Assam State Warehousing ...
2022 Latest Caselaw 1223 Gua

                                                                Page No.# 1/4

GAHC010105982021




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

                         Case No. : WP(C)/3403/2021

         DHARANIDHAR SARMA AND 2 ORS
         S/O. LT. MAHESWAR DEV SARMA, R/O. JAPORIGOG, BIKRAMPUR PATH,
         GUWAHATI-05, P.S. DISPUR, DIST. KAMRUP (M), ASSAM.

         2: GUNAJIT DAS
          S/O. LT. BAHADUR DAS
          R/O. NEW GUWAHATI TINIALI
          GANESH MANDIR PATH
          BY LANE NO.12 GUWAHATI-20
          P.S. NOONMATI
          DIST. KAMRUP (M)
         ASSAM.

         3: NAGENDRA NATH DAS
          S/O. LT. B. C. DAS
          R/O. MALIGAON BARIPARA
          P.S. JALUKBARI
          GUWAHATI-781012
          DIST. KAMRUP (M)
         ASSAM

         VERSUS

         ASSAM STATE WAREHOUSING CORPORATION (ASWC) AND 2 ORS.
         PANNYAGAR BHAWAN, AMRJYOTI PATH, CHRISTIANBASTI, GUWAHATI-
         05, TO BE REP. BY THE MANAGING DIRECTOR OF CORPORATION.

         2:THE MANAGING DIRECTOR ASSAM STATE WOREHOUSING
         CORPORATION (ASWC)
          PANNYAGAR BHAWAN
         AMARJYOTI PATH
          CHRISTIANBASTI
          GUWAHATI-05.
                                                                        Page No.# 2/4

            3:THE STATE OF ASSAM
            TO BE REP. BY THE COMM. AND SECY.
            TO THE GOVT. OF ASSAM
             DEPTT. OF CO-OPERATION
             GUWAHATI-781001

Advocate for the Petitioner   : MR. M H RAJBARBHUIYAN

Advocate for the Respondent : GA, ASSAM

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

05.04.2022

Heard Mr. M. H. Rajbarbhuiyan, learned counsel for the petitioners and Mr. K. L. Gupta, learned counsel appearing on behalf of the respondent Nos. 1 & 2. Also heard Mr. J. K. Parajuli, learned counsel appearing on behalf of the respondent No. 3.

The instant writ petition has been filed by the petitioners, three in numbers, for payment of their retirement benefits, i.e., (i) leave encashment for 300 days; (ii) gratuity payable as per the General Rule and

(iii) the incremental arrears for the period from 01.01.1996 to 31.03.1999.

The case of the petitioners is that the three petitioners had retired from the respondent No. 1 Corporation on 31.07.2020. Consequently, the petitioners are entitled to the leave salary and the gratuity and also the incremental arrears payable for the period from 01.01.1996 to 31.03.1999. However, the respondent Corporation has not paid the said amount for which the petitioners have approached this Court.

Mr. Rajbarbhuiyan, learned counsel for the petitioners submits that in Page No.# 3/4

similar matters this Court had directed the respondent Corporation to make payments after making due verification and within a particular period. In that regard, Mr. Rajbarbhuiyan, learned counsel for the petitioners draws the attention of this Court to the judgment of this Court dated 23.06.2005 passed in WP(C) No. 3481/2000. He further submits that the said judgment has been followed in various cases including in WP(C) No. 5769/2006 vide judgment dated 09.08.2007; WP(C) No. 3322/2018 vide judgment dated 27.09.2018 as well as in the recent judgment passed in WP(C) No. 5878/2021 on 15.11.2021.

Mr. K. L. Gupta, learned counsel appearing on behalf of the respondent Nos. 1 & 2 submits that by the said judgments to which the learned counsel for the petitioners has referred to, duly stipulates that the petitioners being similarly situated with those petitions are entitled to the said amount but submitted that taking into consideration of the present financial situation of the Corporation, this Court may grant some reasonable time to the respondent No. 1 to make the said payment to the petitioners.

Taking into consideration the above submissions, this Court, therefore, disposes of the instant writ petition with the following directions:

(i) The respondent No. 1 would positively complete the exercise of final computation in disbursement of the petitioners' entitlement in respect to the incremental arrears for the period from 01.01.1996 to 31.03.1999, the leave encashment salary for 300 days and the gratuity to which the petitioners are entitled to within a period of 6 (six) weeks from the date of receipt of the certified copy of this order and thereupon within a period of 6 (six) months therefrom shall make the entire payment to the petitioners;

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(ii) The petitioners shall cooperate with the Accounts Department of the respondent No. 1 so that the computation of the entitlement of the petitioners' dues can be done at the earliest and

(iii) While computing the said amount of the petitioners, any payment made in the meantime to the petitioners, shall be accordingly adjusted.

With the above direction, the instant writ petition stands disposed of.

JUDGE

Comparing Assistant