Citation : 2026 Latest Caselaw 2335 Mani
Judgement Date : 1 April, 2026
Digitally
Lucy signed by Lucy
Gurumayum
Item Nos. 18
Gurum Date:
2026.04.01 IN THE HIGH COURT OF MANIPUR
ayum 17:21:34
+05'30'
AT IMPHAL
WP(C) No. 467 of 2024
Jeevan Limbu ...Petitioner/s
Vrs.
State of Manipur & 3 Ors ...Respondent/s
-B E F O R E-
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
01.04.2026
[1] Heard Mr. S. Lokhendro, learned counsel appearing
for the petitioner; Mr. Shyam Sharma, learned GA appearing for
the respondent nos. 1, 2 & 4; and Mr. S. Jasobanta, learned
counsel appearing for the respondent no. 3.
[2] The present writ petition has been filed with a prayer
for directing the respondents to sanction the gratuity amount due
payable to the petitioner upon his retirement from service on
attaining the age of superannuation w.e.f 01.01.2015. It is the case
of the petitioner that in contemplation of a departmental enquiry
against him, the petitioner was placed under suspension by issuing
an order dated 04.12.2013 by the Secretariat Revenue Department
and that subsequently while the petitioner was under suspension,
he retired from service on attaining the age of superannuation.
[3] It has been submitted on behalf of the petitioner that
after the petitioner retired from service, the authorities have Page 1 released all the pensionary benefit due payable to the petitioner
and the petitioner is enjoying his pensionary benefit. However, the
authorities have failed to release the amount of gratuity due
payable to the petitioner till date. Hence the present writ petition.
[4] Mr. Shyam Sharma, learned GA appearing for the
respondent nos. 1, 2 & 4 by drawing attention of this court to the
affidavit-in-opposition file on behalf of the respondent no.2, more
particularly at para 3 of the said affidavit-in-opposition submitted
that the authorities have initiated necessary procedure for granting
gratuity to the petitioner.
Para 3 of the said affidavit-in-opposition of respondent
no. 2 are reproduced here under:-
"3. That, the answering deponent beg to submit subsequent development that the Land Resources Department has reviewed the Case matter and has reached the following conclusion that since there is no Disciplinary Proceeding initiated so far by this Department and non-Registration of FIR against Jeevan Limbu as per the records furnished by the office of the Deputy Commissioner, Kangpokpi, Gratuity amount due to the petitioner Jeevan Limbu may be paid considering the fact that other pension benefits have already been released.
Further, the respondent No. 4/the Deputy Commissioner, Kangpokpi was directed to initiate the necessary procedure for granting gratuity to the petitioner vide letter dated 11.02.2026 issued by the Government of Manipur."
Page 2 [5] Mr. S. Jasobanta, learned counsel appearing for the
Accountant General submitted that as no intimation or document
has been forwarded from the Administrative Department, the
respondent no. 3 is not in a position to release the gratuity due
payable to the petitioner and that as and when an intimation or
necessary document is furnished from the Administrative
Department, the gratuity due payable to the petitioner will be
released as soon as possible.
[6] In view of the undisputed position recorded
hereinabove, this Court is of the considered view that the present
writ petition can be disposed of by issuing the following directions:-
The respondents are hereby directed to
complete the process for payment of the
gratuity amount due payable to the petitioner
and release the same as early as possible but
not later than 3(three) months from today.
[7] With the aforesaid directions, the present writ petition
is disposed.
JUDGE
Lucy
Page 3
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